How to Defeat a Motion for Summary Judgment

Advanced 1 hour 25 steps 3518 views Rating: 3.6/5 Published: 2026-02-16

Consider hiring an attorney.. Read the motion carefully.. Check the procedural rules for filing a motion.

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Steps

1

Consider hiring an attorney.

Step 1

Consider hiring an attorney.

2

Read the motion carefully.

Step 2

Read the motion carefully.

3

Check the procedural rules for filing a motion.

Step 3

Check the procedural rules for filing a motion.

4

Make note of your deadline for filing a response, and any parameters such as a p

Step 4

Make note of your deadline for filing a response, and any parameters such as a page limit.

5

Review the standard for a summary judgment motion.

Step 5

Review the standard for a summary judgment motion.

6

Research case law.

Step 6

Research case law.

7

Analyze the evidence available in your case.

Step 7

Analyze the evidence available in your case.

8

Create your caption.

Step 8

Create your caption.

9

Title your response.

Step 9

Title your response.

10

Begin your response.

Step 10

Begin your response.

11

Start the body of your response with your best reasons the motion should be deni

Step 11

Start the body of your response with your best reasons the motion should be denied.

12

Write your concluding paragraph.

Step 12

Write your concluding paragraph.

13

Format your signature block.

Step 13

Format your signature block.

14

Include a notary block, if necessary.

Step 14

Include a notary block, if necessary.

15

Add a Certificate of Service.

Step 15

Add a Certificate of Service.

16

Sign your response.

Step 16

Sign your response.

17

Assemble your response together with any attachments and make copies.

Step 17

Assemble your response together with any attachments and make copies.

18

Take your response to the clerk's office.

Step 18

Take your response to the clerk's office.

19

Serve your response on the other party.

Step 19

Serve your response on the other party.

20

Wait for a response from the other side.

Step 20

Wait for a response from the other side.

21

Attend your hearing.

Step 21

Attend your hearing.

22

Listen while the other side argues the motion.

Step 22

Listen while the other side argues the motion.

23

Present your argument.

Step 23

Present your argument.

24

Wait for the judge's order.

Step 24

Wait for the judge's order.

25

Consider filing an appeal.

Step 25

Consider filing an appeal.

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