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Source Summary Judgment Complete Civil Procedure List Matched to this deck.

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0 tracked cards Civil Procedure

After a full discovery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and no other admissible causation evidence. The plaintiff bears the burden to prove causation at trial.
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A movant who points to absence of evidence automatically wins without giving the nonmovant a chance to respond. A movant must always produce live testimony at the summary-judgment hearing. A defendant can obtain summary judgment by showing only that the plaintiff's lawyer has not promised to call a witness at trial. A defendant who does not bear the trial burden may carry its initial summary-judgment burden by showing that the plaintiff lacks evidence on an essential element after adequate time for discovery.

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