Granting Summary Judgment With Contract
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FAQ
For the defense bar, a motion for summary judgment can be an incredibly effective litigation tool. The successful motion puts an immediate end to a matter before trial, can limit the issues in dispute, or can provoke more reasonable settlement discussions.
Drafting A Motion For Summary Judgment Your task is to demonstrate two simple things: 1) the material facts are undisputed (i.e., there are no genuine issues of material fact); and 2) you are entitled to judgment as a matter of law on those facts.
Replies should be succinctly stated. If the response to a fact is undisputed, the reply should also state undisputed. If you contend that despite a response of disputed, the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
Summary Judgment Standard Generally, a trial court deciding whether to grant a motion for summary judgment must view the facts in the light most favorable to the non-moving party, drawing any reasonable inferences in that party's favor.
