Burden of Proof in Summary Judgment Motions

  1. Law
  2. Tennessee Code
  3. Civil Procedure
  4. Summary Judgment
  5. Burden of Proof in Summary Judgment Motions

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In motions for summary judgment in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it:

  1. Submits affirmative evidence that negates an essential element of the nonmoving party's claim; or
  2. Demonstrates to the court that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim.


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