Question: At step 1 in a motion for summary judgment, what does Celotex require of a moving party who does NOT bear the burden of persuasion
At step 1 in a motion for summary judgment, what does Celotex require of a moving party who does NOT bear the burden of persuasion at trial (usually the defendant)?
- Nothing, until the opposing party first establishes the essential elements of her claim.
- . Provide evidence sufficient to establish each essential element of her claim.
- Produce evidence sufficient to negate an essential element of the opposing party's defense AND show an absence of evidence to support the essential elements of the opposing party's claim or defense.
- EITHER produce evidence sufficient to negate an essential element of the non-moving party's claim OR show an absence of evidence to support the essential elements of the moving party's claim or defense.
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