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THIRD CIRCUIT REQUIRES “ADMISSION” OF SUMMARY JUDGMENT EVIDENCE
Published on: May 1, 2014
Merely "offering, filing and introducing" evidence in support of a summary judgment has been held insufficient to have the evidence considered – at least in Louisiana’s Third Circuit – which recently ruled that the introduction of evidence does not permit a trial court to consider such evidence in granting a motion for summary judgment. See, Bourque v. Transit Mix, 2014 WL 1805368 (La. App. 3 Cir. 5/7/14). To be considered, the evidence must be introduced and the judge must then admit the evidence into the record. **Update, the Third Circuit’s ruling has been addressed in the latest iteration of the summary judgment rules. Courts are no longer required to “admit” evidence for summary judgment.
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