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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.
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.
The original moving party's response to the cross- motion shall be filed and served as provided by paragraph (a) for reply papers. The court may, however, on request of the original moving party, or on its own motion, enlarge the time for filing an answer to the cross-motion, or fix a new return date for both.
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.
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.