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The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
Where the court finds that there is a genuine dispute as to material facts, the summary judgment motion will be denied because the evidentiary conflict must be resolved in a trial.
A motion for summary judgment must be accompanied by a filing fee and a memorandum or brief that: (1) states concisely, in separately numbered paragraphs, the uncontroverted contentions of fact on which the movant relies; (2) for each fact, contains precise references to pages, lines and/or paragraphs - or to a time ...
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.
A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.
The survival trick is the early outlining of the claims and defenses, while actually drafting on Day 1 the jury instruction setting forth the required elements for the case. Toward this end, you should design your discovery to obtain the necessary evidence to prevail on the anticipated summary judgment motion.
Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.