Also known as: showings · evidentiary showing · prima facie showing
Written by attorneys · grounded in primary & secondary sources — see below
A demonstration or proof of a fact or proposition through the presentation of evidence and argument.
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Serena Soto sued Spectrum Financial for breach of contract. Spectrum moved for summary judgment and pointed to deposition excerpts showing no written agreement. Soto responded by filing an affidavit from a former employee and excerpts from emails that directly contradicted the deposition testimony. The court denied the motion because Soto's materials created a genuine dispute on the existence of the contract.
Skylar Sullivan retained Sterling Manufacturing's outside counsel on a personal-injury claim. The lawyer prepared a written agreement stating that the fee would be one-third of any recovery, that expenses would be deducted after the fee was calculated, and that Sullivan would owe nothing if there was no recovery. The agreement satisfied the writing requirement for a contingent fee.
Santiago Sanchez, a Black defendant, objected when the prosecutor used peremptory strikes against the only two Black venire members. The trial court required the prosecutor to give reasons. After the prosecutor offered occupation-based explanations, the court found the explanations race-neutral and denied the challenge.
Spencer Silver, an unmarried biological father, lived with his newborn for six weeks, paid support, and visited regularly after the mother placed the child for adoption. He filed an objection to the adoption. The court held that his demonstrated parental responsibility gave him the right to withhold consent.
Scott Summers moved to reduce his maintenance obligation after losing his job and suffering a permanent disability. He presented medical records and employment termination documents showing a substantial, continuing change in circumstances. The court granted the modification effective from the date of the motion.
Stonehaven Properties obtained a charging order against Sean Steele's partnership interest to satisfy a judgment. After six months the distributions had not reduced the debt. Stonehaven moved for foreclosure. The court ordered sale of the transferable interest because the showing established that distributions would not pay the debt within a reasonable time.
The party must demonstrate that the materials cited by the movant do not establish the absence of a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. The court need consider only the cited materials but may examine the entire record.
The agreement must be in a signed writing that states the method of determining the fee, the percentage that accrues to the lawyer, how expenses are deducted, and whether the client remains liable for expenses if there is no recovery. Contingent fees are prohibited in certain domestic relations matters.
…can discharge the burden of proving truth, general damages are presumed, and may be awarded without proof of pecuniary injury. A showing of actual malice is apparently a prerequisite to recovery of punitive damages, and the defendant may in any event forestall a punitive award by a retraction meeting the statutory…
…and precedent are not “the end” of these cases, ante, at 4, I would not “sweep away what has so long been settled” without showing greater respect for all that preceded us. Town of Greece v. Galloway , 572 U. S. , (2014) (slip op., at 8). A As the majority acknowledges, marriage “has existed for…
…transferred to one or more nearby sites.[^maj-22] The Appellate Division concluded that all appellants had succeeded in showing
…in indicating that not all such liberties are specifically mentioned in the first eight amendments, is surely relevant in showing the existence of other fundamental personal rights, now protected from state, as well as federal, infringement. In sum, the Ninth Amendment simply lends strong support to the view that the…
…permitted a rational inference that at least parts related to the offenses charged. There was also a sufficient preliminary showing
The defendant must first make a prima facie showing that the strikes were based on race. The burden then shifts to the prosecutor to articulate a race-neutral explanation. The trial court must determine whether purposeful discrimination has been proven.
He must demonstrate actual manifestations of parental responsibility, such as living with and caring for the child, visiting regularly, admitting paternity, paying support, and showing willingness to assume custody rather than merely blocking adoption.
The movant must show changed circumstances so substantial and continuing as to make the original terms unconscionable. Only installments accruing after the motion may be modified.
The court may foreclose when the judgment creditor shows that distributions under the charging order will not pay the judgment debt within a reasonable time. The purchaser obtains only the transferable interest and does not become a partner.