How to Fight a Motion for Summary Judgment

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If a summary judgment motion has been filed against you, the opposing party is stating that the facts in the case are undisputed and that under the law he will prevail. As such, the plaintiff claims that a trial is not necessary. To fight a summary judgment, you must prove that there is a dispute over the material facts of the case, or that the law cited by the opposing party does not apply. You must file a motion with evidence of either or both assertions.

  • File a motion that opposes either the material facts or how the law is applied in the summary judgment. Organize this argument into an affidavit. You can find affidavit guidelines for your specific state on the Internet or by contacting the state court system directly. Attach to the affidavit any evidence that supports your claims, including witness statements from people with firsthand knowledge of the facts of the case.

  • Complete and attach a memorandum of law, if necessary. A memorandum of law explains the particular law in question and suggests how it applies to your case.

  • Sign the affidavit and all supporting documents and have them notarized by a licensed notary public.

  • Make copies of all documents. Submit them to the court and to the opposing lawyers, either by mail or by hand delivery.

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