Abstract
In Celotex Corp. v. Catrett the United States Supreme Court examined the issue of the moving party's burden of proof in a motion for summary judgment, when the moving party does not bear the burden of persuasion on the issue in question at trial. Since the Court's decision in Adickes v. S.H. Kress & Co., the initial showing required of the moving party to establish "no genuine issue as to any material fact" has been a source of conflict among the lower courts and the subject of extensive commentary by legal scholars. The Celotex decision attempts to resolve this conflict. Moreover, it represents the Supreme Court's latest pronouncement that summary judgment is not a "disfavored procedural shortcut," but rather, it is "an integral part of the Federal Rules as a whole, which [were] designed 'to secure the just, speedy and inexpensive determination of every action.'"
Recommended Citation
Foremaster, Gary T.
(1987)
"The Movant's Burden in a Motion for SummaryJudgment,"
Utah Law Review: Vol. 1987:
No.
3, Article 8.
Available at:
https://dc.law.utah.edu/ulr/vol1987/iss3/8