A court-ordered summary judgment Forum
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bnghle234
- Posts: 105
- Joined: Tue Apr 10, 2012 7:21 pm
A court-ordered summary judgment
How do you go about analyzing whether a court-ordered summary judgment was proper (i.e. none the parties motioned for it, the judge did it on his own)? In class we learned vie Adickes and Celotex that the moving party has the burden to prove no genuine issue of material fact. If that's satisfied, then the the non-moving party has the burden. So in the case that the judge decides on his own to grant summary judgment, is the judge the moving party?
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stillwater
- Posts: 3804
- Joined: Tue Jun 28, 2011 2:59 pm
Re: A court-ordered summary judgment
no, because the jduge doesn't need to justify shit (except to avoid being overturned). im sure its simply a review of the totality of the evidence. this seems like an unlikely situation though.bnghle234 wrote:How do you go about analyzing whether a court-ordered summary judgment was proper (i.e. none the parties motioned for it, the judge did it on his own)? In class we learned vie Adickes and Celotex that the moving party has the burden to prove no genuine issue of material fact. If that's satisfied, then the the non-moving party has the burden. So in the case that the judge decides on his own to grant summary judgment, is the judge the moving party?
