Learn about common mistakes in filing motions for summary judgment and how to avoid them. This guide helps ensure your motion is properly crafted and increases your chances of success.
Filing a Motion for Summary Judgment (MSJ) can be a powerful way to resolve a case before trial. However, even experienced attorneys can make critical errors that jeopardize their chances of success. Avoiding these common mistakes can significantly improve the likelihood of winning your motion and advancing your litigation strategy.
This guide highlights the most frequent MSJ mistakes—and how to avoid them.
The foundation of any MSJ is showing that no genuine dispute of material fact exists. Failing to adequately demonstrate this is a leading cause of motion denials.
How to Avoid It:
Use Clear Evidence: Include strong supporting documentation, affidavits, and declarations.
Cite Specific Records: Tie your arguments directly to contracts, emails, depositions, and expert reports.
Facts alone are not enough. A motion must show that the undisputed facts entitle the moving party to judgment under the law.
How to Avoid It:
Thorough Legal Research: Support your arguments with statutes, regulations, and case law.
Apply the Law to Your Facts: Clearly explain how the law leads to judgment based on your specific facts.
Each jurisdiction has its own rules governing MSJs. Ignoring these procedural nuances can doom your motion.
How to Avoid It:
Know the Rules: Familiarize yourself with local court procedures, filing requirements, and deadlines.
Follow the Timeline: Timely filing and service are critical to maintaining your motion’s viability.
Overlooking claims or defenses can result in only partial rulings, leaving unresolved issues that prolong litigation.
How to Avoid It:
Review the Full Case: Make sure your motion comprehensively addresses every claim or defense.
Consolidate Claims: Whenever possible, address multiple issues in a single, cohesive motion.
Broad legal conclusions without factual backing are unlikely to persuade a court.
How to Avoid It:
Substantiate Every Point: Support every factual assertion and legal argument with concrete evidence and authority.
Use Witness Declarations: Leverage affidavits, expert opinions, and depositions to bolster your claims.
Ignoring the evidence presented by the opposition is a critical mistake that can undermine your entire motion.
How to Avoid It:
Anticipate Counterarguments: Address the opponent’s evidence and demonstrate why it is immaterial or insufficient.
Preempt Challenges: Tackle potential factual disputes head-on in your motion.
Giving the opposing party the last word can weaken your position.
How to Avoid It:
File a Reply Brief: If permitted, respond to the opposition’s arguments and clarify any misstatements.
Reinforce Your Position: Use the reply to strengthen your case and correct any factual or legal inaccuracies.
Relying solely on an MSJ, without considering backup strategies, limits your options.
How to Avoid It:
File Alternative Motions: If applicable, consider motions for partial summary judgment, injunctive relief, or declaratory relief.
Even a strong written motion can fail without effective oral advocacy.
How to Avoid It:
Prepare Thoroughly: Practice key arguments, anticipate judicial questions, and prepare supporting evidence.
Be Ready to Clarify: Have documents ready to address any concerns that may arise during the hearing.
Timing errors—whether filing too early or too late—can fatally weaken your motion.
How to Avoid It:
File After Discovery: Wait until sufficient discovery has occurred to present a complete factual record.
Consult Strategically: Work with your legal team to determine the optimal filing window for maximum impact.
Motions for Summary Judgment can be game-changers in civil litigation, but only if carefully executed. By avoiding these common mistakes—such as insufficient evidence, weak legal arguments, and procedural missteps—you can significantly increase your chances of prevailing. Strategic planning, meticulous preparation, and persuasive legal writing are essential to securing a favorable outcome.
Whether you are filing a motion or defending against one, thoughtful execution at every stage is key to success.
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