Burden Sequencing #19
Definition
Strategy technique · Tier Expert
Structuring the factual presentation so that once the prima facie showing is established and the burden shifts to the opponent, the same record already answers what the opponent would need to show in rebuttal. The movant's facts do double duty: establish the prima facie case AND address the anticipated rebuttal.
Example
The movant establishes (1) a documented prima facie case for breach and (2) the absence of any timely cure. Once the prima facie showing shifts the burden, the opponent would have to raise a triable issue either on the breach itself (the record rests on the opponent's own delivery logs) or on the cure (the missed deadline is documented).
Anti-pattern
Establishing the prima facie case with facts the opponent can easily answer, without anticipating the likely rebuttal.
Why it's expert
Understanding burden-shifting is second-year law. Building a record where the facts that meet your burden also answer the opponent's shifted burden requires understanding both sides of the framework at once. This is chess, not checkers.