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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.
A summary judgement occurs when, in a civil case, one party wants to move to a court decision without a trial.When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.
Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.
The key to defeating a motion for summary judgment is to show the court that there are still facts in dispute. Summary judgment is only appropriate if none of the facts are disputed.
When it comes to summary judgment, plaintiff lawyers are often guilty of forgetting the fact that either party can file one. If you have solid evidence that can't be disputed, you may very well be able to prove your claim without going to trial.