Moving Party Law and Legal Definition
A moving party is the party that has filed a motion with a court. The opponent to a moving party is known as non-moving party. A moving party is not a secured party
The following is an example of a case law on moving party’s burden of proof:
Where the moving party does not bear the burden of proof on an issue at trial, the moving party may discharge its burden of production by either of two methods. The moving party may produce evidence negating an essential element of the nonmoving party's case, or, after suitable discovery, the moving party may show that the nonmoving party does not have enough evidence of an essential element of its claim or defense to carry its ultimate burden of persuasion at trial. If the moving party discharges its burden by showing an absence of evidence to support an essential element of a claim or defense, it is not required to produce evidence showing the absence of a material fact on such issues, or to support its motion with evidence negating the non-moving party's claim. [Citi Apts., Inc. v. Markel Ins. Co., 2007 U.S. Dist. LEXIS 44469 (D. Cal. 2007)].
