THIRD CIRCUIT REQUIRES “ADMISSION” OF SUMMARY JUDGMENT EVIDENCE

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.