Civil Procedure Outline – American – Morrison – Fall 2008

This 38 page civil procedure outline was prepared for Professor Morrison’s Fall 2008 semester class at American University. Immediately upon ordering you will be sent an email containing links that will enable you to download the outline in both DOC and PDF format. You may download both files as many times as you wish for three days.

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Summary Judgment

• FRCP 56
  • Rule 56 motion determines whether a material issue of fact exists for which a trial is needed.
    • A material fact is one which will affect the outcome of the case, and a material fact raises a genuine issue if a reasonable jury could reach different conclusions concerning the fact.
    • Comparison to motion to dismiss
      • Evidence needed?
        • Motion to dismiss
          • Just the complaint
          • Judge takes the facts in the best light to plaintiff and determines if a matter of law exists
  • Summary Judgment
  • Must have some evidence
    • interrogatories
    • affidavits
    • not just what you claim to be able to prove
      • not like courtroom evidence, this is just paper evidence
      • actual evidence submitted at trial
  • There must be no genuine issue of material fact

Lundeen v. Cordner, 1966

1. Can submit affidavits even though statements would be hearsay in trial
2. Deposition can be submitted at trial but only if witness is not available
3. If information submitted would allow a person to have a directed verdict at trial they should be allowed summary judgment before trial

Celotex Corp. v. Catrett, 1986

1. The burden on the moving party to produce evidence to refute the non-moving party’s claim may be discharged by “showing” – that is, pointing out to the District Court that there is an absence of evidence to support the non-moving party’s case.
2. The burden of establishing the nonexistence of a “genuine issue” is on the party moving for summary judgment. This burden has two distinct components: an initial burden of production, which shifts to the nonmoving party if satisfied by the moving party; and an ultimate burden of persuasion, which always remains on the moving party. The court need not decide whether the moving party has satisfied its ultimate burden of persuasion unless and until the court finds that the moving party has discharged its final burden of production.

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