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When a party makes a motion in a case, that party is called the movant. For example, if a plaintiff in a civil case moves for summary judgment, the plaintiff is the movant.
If you want to file a motion, the process is generally something like this:You write your motion.You file your motion with the court clerk.The court clerk inserts the date and time your motion will be heard by the judge.You serve (mail) your motion to the other side.More items...
You can defeat the grant of summary judgment by presenting a multi-pronged attack. Don't rely on just lack of discovery (evidence), lack of particularity, or failure to strike affirmative defenses. If you can, point to other weaknesses in your opponent's motion.
Write the facts relevant to the motion. At the end of each sentence, write where evidence of that fact can be found. See the Instructions for more detailed information. Explain your response to each of the arguments made in the Motion.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.