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Case Notes · The Real Law Journal

The Summary Judgment Record

A note on Celotex and the materials properly before the court.

PublishedVol. I · No. 2pp. 189–202

§ I

Authorship

The author or authors of the work.

Author
Faculty of the School of Civil Procedure

Real Law Society Academy

§ II

Abstract

On the scope of the work.

A case note on Celotex Corp. v. Catrett and the materials properly before the court on a motion for summary judgment. The note reads the decision against Rule 56 as it has since been amended.

§ III

Keywords

Subjects of the article.

  • summary judgment
  • Rule 56
  • Celotex
  • burden of production

§ IV

The Article

The text.

Celotex is read here as a reading of Rule 56. The note begins with the text of the Rule, takes up the burden-shifting framework the decision articulates, and treats the subsequent amendments to the Rule as a partial codification of the decision's procedure.

Particular attention is given to the materials properly before the court — the pleadings, the discovery materials, the affidavits — and to the showing each party must make to satisfy the standard.

The note closes with a working checklist for the practitioner who must oppose or move for summary judgment on a developed record.

§ V

Preferred Citation

On citing this article.

Faculty of the Sch. of Civ. Proc., The Summary Judgment Record, 1 Real Law J. 189 (MMXXVI) (case note).
DOI · 10.00000/rlj.i.2.004

§ VII

Editorial History

On the manuscript's passage to print.

  1. MMXXVI — Winter

    Manuscript received.

  2. MMXXVI — Winter

    Published in Vol. I, No. 2.

§ VIII

Revision History

On subsequent revisions.

No revisions have been issued. Substantive revisions, when issued, are recorded here and retained in the institutional archive.

The Real Law JournalVol. I — No. 2Case Notes

The Journal

Return to the issue.

The article belongs to a single issue. Read the table of contents and the editor's introduction in their proper place.

The Real Law Society · Est. MMXXVRead Law. Not Lore.Vol. I — Folio I