Document Type
Article
Publication Date
11-2008
Journal Title
Northwestern University Law Review Colloquy
Abstract
The Civil Rules Advisory Committee has recently proposed the most significant revisions to Rule 56 since the Federal Rules of Civil Procedure were adopted seventy years ago. Although the stated goal of the proposed amendments is laudable - "to improve the procedures for making and opposing summary-judgment motions, and to facilitate the judge's work in resolving them" - this Essay in the Northwestern University Law Review Colloquy identifies some unanticipated problems with the proposed text. Contrary to the Advisory Committee's intent, the proposed text may inadvertently make substantial changes to the summary-judgment standard and the burdens on litigants at the summary-judgment phase. This Essay suggests specific solutions that would eliminate the potentially troubling consequences of the new rule while preserving its improvements to the summary-judgment process.
First Page
230
Last Page
241
Num Pages
12
Volume Number
103
Publisher
Northwestern University School of Law
Notes
Colloquy was the original name of Northwestern University Law Review’s online companion to its print issues. The name changed in 2014 to Northwestern University Law Review Online (commonly referred to as NULR Online). While essays published during the Colloquy-era retain a distinct periodical abbreviation for citation purposes, NULR Online and Colloquy are otherwise one and the same.
Recommended Citation
Adam N. Steinman,
An Ounce of Prevention: Solving Some Unforeseen Problems with the Proposed Amendments to Rule 56 and the Federal Summary Judgment Process,
103
Nw. L. Rev. Colloquy
230
(2008).
Available at:
https://scholarship.law.tamu.edu/facscholar/2043