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Summary Judgment– Burden of Production

Summary Judgment– Burden of Production. P’s Directed Verdict Area. Shifts BOP. Meets BOP. Jury Decision Area. D’s Directed Verdict Area. P’s Directed Verdict Area. Shifts BOP. Jury Decision Area. Meets BOP. D’s Directed Verdict Area. D’s Evidence. P’s Evidence.

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Summary Judgment– Burden of Production

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  1. Summary Judgment– Burden of Production

  2. P’s Directed Verdict Area Shifts BOP Meets BOP Jury Decision Area D’s Directed Verdict Area

  3. P’s Directed Verdict Area Shifts BOP Jury Decision Area Meets BOP D’s Directed Verdict Area D’s Evidence P’s Evidence

  4. P’s Directed Verdict Area Shifts BOP Jury Decision Area Meets BOP D’s Directed Verdict Area Walt: I saw him go in the house. Five minutes later the house blew up! Walt: I saw him decapitated! Walt: I saw him fall of his bicycle! No Evidence

  5. P’s Directed Verdict Area Shifts BOP Jury Decision Area Meets BOP D’s Directed Verdict Area Willy: I saw Sam yesterday. Wes: They weren’t wearing their glasses. 40 Bishops: I saw him decapitated!

  6. P’s Directed Verdict Area Shifts BOP Jury Decision Area Meets BOP D’s Directed Verdict Area Legal Presumption But Wife could be lying. Wife: He left 9 years ago & I haven’t seen him since.

  7. P’s Directed Verdict Area Shifts BOP Jury Decision Area Meets BOP D’s Directed Verdict Area Legal Presumption Rebutting the Presumption Wes: I saw him 2 days ago. Stipulated: He left 9 years ago & Wife hasn’t seen him since.

  8. What Does Court Consider? When Do We Test Whether P Has Met the Burden of Production? • 12(b)(6) • 12(c) • Directed Verdict • JNOV • Appeal • M S J Allegations (Conley) Evidence Admitted at Trial Evidentiary Previw

  9. Three SJ Issues • What does D have to do to force P to “preview” P’s evidence? • What does P have to do to meet BOP? • Procedure Adickes & Celotex Arnstein & Dyer

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