Building the Evidentiary Record: Keep the Three Questions Separate
Pleadings identify the dispute; discovery develops the information needed to resolve it; summary judgment asks whether the developed record presents a genuine dispute of material fact requiring trial. Exam traps routinely blur these three distinct legal thresholds:
May this information be discovered?
Permits discovery of nonprivileged matter that is relevant to any party's claim or defense AND proportional to the needs of the case.
May it be presented as evidence?
Governs whether information obtained in discovery satisfies the Federal Rules of Evidence (relevance, personal knowledge, authenticity, hearsay exceptions, privilege).
Does the evidence require a trial?
Summary judgment is required when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Test an Evidentiary Item Across the 3 Lenses
6-Factor Proportionality Evaluator
Based on the Chapter Hypothetical: Customer sues Store for failing to repair a particular staircase. Toggle the request parameters to see how the 6 statutory factors interact: