If the nonmoving party fails to meet its burden of production to create a genuine issue of material fact, then the moving party wins. If a moving party does meet its initial burden of production, then the burden shifts to the nonmoving party to produce evidence to support its claim or defense. That’s right: The nonmoving party can defeat the motion for summary judgment without producing anything at all. If a moving party does not satisfy its initial burden of production, the nonmoving party has no obligation to produce anything, even if the nonmoving party has the ultimate burden of persuasion at trial. Failing to do so relieves the nonmoving party of any burden to respond, and the court can deny the summary motion as facially deficient. It is especially important for the moving party to meet its initial burden of production. Indeed, when a moving party relies on evidence of an absence of conduct or events to win the day, there is a serious risk the court may conclude that the movant has not carried its initial burden of production.įailure to Meet Initial Burden, Premature Motions Of the two methods, the first-producing affirmative evidence to negate the nonmoving party’s claim or defense-is usually easier. A moving party can meet its burden of production in two ways: either produce evidence affirmatively negating an essential element of the nonmoving party’s claim or defense, or demonstrate that the nonmoving party does not have sufficient evidence of an essential element to meet its burden of persuasion at trial. This is usually the defendant, but not always.
#Jmol vs summary judgment trial
Moving or Nonmoving Party?Ī moving party that does not bear the ultimate burden of persuasion at trial has both the initial burden of production and the ultimate burden of persuasion on the motion. At trial, while a plaintiff always has the ultimate burden of proving its claims, either party can have the ultimate burden of persuasion on particular issues. The “burden of persuasion” refers to a party’s obligation to convince the fact finder to view the facts in a way favorable to that party. The “burden of production” refers to the burden of producing evidence or showing the absence of evidence.
In criminal cases, of course, the prosecution has the burden to establish a defendant’s guilt beyond a reasonable doubt. Clear and convincing evidence is required in some circumstances. In civil cases, meeting the burden of proof typically requires only a preponderance of the evidence. However, it is possible for a party to move for summary judgment earlier in the case, even before discovery is complete.The “burden of proof” refers to a party’s duty at trial to produce evidence that will prove its claims. Typically, motions for summary judgment take place after discovery is complete because at that point the parties have shared all the important evidence in the case. Similar to JMOL, the motion argues that the evidence and the law so clearly favors the moving party that the judge should rule in the moving party’s favor without the need for a trial. A motion for JMOL has tactical advantages because if the judge denies the motion, the moving party can move again after the trial (a “renewed” motion for JMOL) pursuant to Rule 59.Ī summary judgment motion, Rule 56, also asks the judge to rule in favor of one party on one or more issues. There is no need for a jury to deliberate. In a JMOL motion, the moving party asks the court to rule in its favor because the law and the evidence demonstrate that the moving party must win on one or more issues. After the defendant finishes presenting its case both the defendant and plaintiff can move for JMOL. In practice this means that after the plaintiff presents its case (plaintiff goes first) the defendant can move for JMOL. The moving party must wait until its adversary has had an opportunity to present its case at trial before moving for JMOL. In the federal courts JMOL is governed by Rule 50.
Summary Judgment is a Pretrial Motion, JMOL Is In-Trial or Post-Trial JMOL in some state courts is called a motion for a directed verdict. Summary judgment is a pre- trial motion, JMOL is an in-trial or post trial motion. Judgment as a Matter of Law and Summary Judgment are Very Similar But Take Place at Different Stages of a Civil Litigationīriefly, motions for judgment as a matter of law (JMOL) and summary judgment are very similar in that in both motions parties ask the judge to rule in their favor on one or more issues and because judges apply similar legal standards when deciding these motions – – but they are different because they take place at different times during a civil case.
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