Question: At step 1 in a motion for summary judgment, what does Celotex require of a moving party who bears the burden of persuasion at trial

At step 1 in a motion for summary judgment, what does Celotex require of a moving party who bears the burden of persuasion at trial (usually the plaintiff)?

  1. Produce evidence sufficient to negate an essential element of the opposing party's defense.
  2. Nothing, until the opposing party raises an affirmative defense.
  3. Show an absence of evidence to support the essential elements of the opposing party's claim or defense.

4. Provide evidence sufficient to establish each essential element of her claim.

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