Filing an opposition to a motion for summary judgment can be a complex and time-consuming process. However, by using a template, you can streamline the process and increase your chances of success.
A motion for summary judgment is a request by one party in a lawsuit to have the case dismissed without a trial. The moving party argues that there are no genuine issues of material fact that need to be decided at trial and that they are entitled to judgment as a matter of law.
If you are opposing a motion for summary judgment, you must file an opposition with the court. Your opposition should explain why there are genuine issues of material fact that need to be decided at trial and why the moving party is not entitled to judgment as a matter of law.
What to Include in Your Opposition
Your opposition to a motion for summary judgment should include the following:
A statement of the material facts that are in dispute. This statement should be supported by evidence, such as affidavits, exhibits, and deposition transcripts.
An argument that the moving party is not entitled to judgment as a matter of law. This argument should be based on the applicable law and the facts of the case.
A request for a trial. If you believe that there are genuine issues of material fact that need to be decided at trial, you should request that the court deny the motion for summary judgment and set the case for trial.
Your opposition should be concise and well-organized. It should be easy for the court to understand your arguments and the evidence that you are relying on.
If you are not sure how to write an opposition to a motion for summary judgment, it is advisable to consult with an attorney.
Tips for Writing an Effective Opposition
Here are a few tips for writing an effective opposition to a motion for summary judgment:
Start by identifying the key issues in the case. What are the material facts that are in dispute? What are the legal arguments that the moving party is making?
Organize your opposition so that it is easy for the court to follow. Use headings and subheadings to guide the reader through your arguments.
Be clear and concise in your writing. Avoid using jargon or technical language that the court may not understand.
Support your arguments with evidence. Cite to affidavits, exhibits, and deposition transcripts to support your factual assertions.
Be persuasive. Explain why the moving party is not entitled to judgment as a matter of law. If you can, provide examples of other cases that support your arguments.
Proofread your opposition carefully before you file it with the court. Make sure that there are no errors in grammar or spelling.
Filing an opposition to a motion for summary judgment can be a daunting task, but by following these tips, you can increase your chances of success. Use the information in this article to prepare a compelling opposition that will persuade the court to deny the motion and set the case for trial.
