Challenging the opposing party's evidence is key to securing a favorable summary judgment ruling. Learn how to effectively counter opposing evidence and strengthen your motion.
In summary judgment motions, the goal is to show that there are no genuine disputes of material fact and that you are entitled to judgment as a matter of law. A major part of achieving this goal involves challenging the opposing party’s evidence. If their evidence is weak, unreliable, or legally insufficient, you can argue that no reasonable jury could find in their favor. By challenging opposing evidence, you make your case stronger and increase the likelihood of a favorable summary judgment ruling.
In this article, Legal Husk explains how to effectively challenge opposing evidence in summary judgment motions, including strategies for dealing with disputed facts, unreliable witnesses, and inadmissible documents.
✅ Challenging the opposing party's evidence is a crucial part of any summary judgment motion. If the opposing party’s evidence is flawed, incomplete, or legally insufficient, it can lead to the denial of their motion or the success of yours. Courts rely on the evidence presented in summary judgment motions to make decisions, so ensuring that only reliable and relevant evidence is considered is essential.
Eliminating Weak Evidence: If the opposing party’s evidence is based on hearsay, speculation, or inadmissible documents, challenging it ensures that only credible and relevant evidence is considered by the court.
Example: "The plaintiff’s motion for summary judgment was granted when the defendant’s primary evidence was an unauthenticated email that lacked the necessary foundation for admissibility."
Clarifying Disputed Facts: If the opposing party’s evidence contradicts key facts in the case, challenging it allows you to present a stronger argument that there are no genuine issues of material fact.
Example: "The defendant’s affidavit claiming a valid contract was challenged with evidence showing that the alleged contract was never signed by both parties, undermining the defendant’s position."
Highlighting Legal Deficiencies: Sometimes, opposing evidence may fail to meet the legal requirements for admissibility. Identifying these deficiencies can prevent the court from considering unreliable evidence.
Example: "The defendant’s expert testimony was challenged as inadmissible under the Daubert standard for expert opinions, as the methods used by the expert were not scientifically sound."
🎯 Strategic Tip: Scrutinize the opposing party’s evidence carefully and look for weaknesses, such as issues with authenticity, relevance, or the qualifications of witnesses.
✅ Effectively challenging the opposing party’s evidence requires specific strategies that highlight the flaws in their evidence. Below are key approaches for challenging different types of evidence in summary judgment motions.
Hearsay Objections (FRE 802): One of the most common challenges to evidence in summary judgment motions is hearsay, or statements made outside of court that are offered for the truth of the matter asserted. You can challenge hearsay by arguing that the evidence does not fall under any exceptions to the hearsay rule.
Example: "The defendant’s statement that the plaintiff promised to pay for services was offered as hearsay, as it was not made under oath and could not be verified by testimony."
Authentication Issues (FRE 901): Another key challenge is whether the evidence has been properly authenticated. If documents, videos, or audio recordings are presented, they must be authenticated to prove that they are what the opposing party claims them to be. If the opposing party fails to properly authenticate their evidence, it should be excluded from consideration.
Example: "The defendant’s bank statement was not authenticated by the custodian of records, and the court ruled that it could not be used as evidence in the motion for summary judgment."
Lack of Personal Knowledge (FRE 602): If a witness lacks personal knowledge of the facts they are testifying about, their testimony may be inadmissible. You can challenge the credibility of the opposing party’s witness by showing they do not have the necessary personal knowledge.
Example: "The plaintiff’s witness was not involved in the transaction and had no personal knowledge of the events, rendering their testimony inadmissible."
Speculation and Opinion (FRE 701 and 702): You can challenge evidence that is based on speculation or opinion. If a witness offers an opinion on a matter they are not qualified to address or speculates on facts not within their knowledge, this can be grounds for exclusion.
Example: "The defendant’s expert witness offered an opinion on market trends without the necessary qualifications, and the court excluded their testimony as speculative and inadmissible."
Documentary Evidence: Challenge documentary evidence by questioning its authenticity, relevance, or completeness. If the documents presented are incomplete or selectively chosen, you can argue that they do not support the claims made.
Example: "The defendant’s submitted email correspondence was selectively chosen and omitted key emails that undermined their position, challenging its reliability."
🎯 Strategic Tip: Prepare specific objections to the opposing party’s evidence based on the Federal Rules of Evidence and case law to ensure that any weak or inadmissible evidence is excluded.
✅ Opposing parties may raise counterarguments or attempt to bolster their evidence when it is challenged. Being prepared for these counterarguments and knowing how to respond is critical to maintaining the strength of your summary judgment motion.
Opposing Party Argues that Evidence is Admissible: The opposing party may argue that the evidence you challenged is actually admissible based on exceptions to hearsay or other rules. Be prepared to counter these arguments by showing why the evidence still fails to meet legal standards.
Counteraction: "The opposing party argues that the statement falls under the business records exception to hearsay, but the statement was not made by an employee of the company and cannot be admitted under this exception."
Opposing Party Offers Additional Evidence: The opposing party may submit new evidence or provide additional witnesses to support their case. If the new evidence is not properly disclosed or fails to address material issues, challenge its admission.
Counteraction: "The opposing party’s new evidence was not disclosed during discovery and cannot be considered as it was not part of the original motion for summary judgment."
Disputing the Weight of Evidence: If the opposing party argues that their evidence is stronger or more credible, you can counter by highlighting inconsistencies, errors, or lack of supporting documentation.
Counteraction: "While the defendant claims that their witness testimony is credible, the witness has a history of inconsistency in their statements, and their testimony should be given little weight."
🎯 Strategic Tip: Prepare rebuttals to common counterarguments, such as challenges to the exclusion of evidence, by knowing the legal standards and presenting facts that undermine the credibility of the opposing party’s evidence.
✅ When presenting your challenge to the opposing party’s evidence, it’s essential to do so clearly and persuasively. Your goal is to convince the court that the evidence presented by the other side is insufficient to create a genuine issue of material fact and should be excluded from consideration.
Be Clear and Concise: In your motion for summary judgment, clearly outline your objections to the opposing party’s evidence. Use specific references to the Federal Rules of Evidence and relevant case law to support your arguments.
Example: "Defendant’s exhibit A, a printout of bank statements, is inadmissible because it lacks proper authentication and does not meet the requirements of FRE 901."
Support with Legal Precedents: Cite relevant case law to support your position on why the evidence should be excluded. Courts are more likely to exclude evidence if you can show that similar cases have done so.
Example: "In Doe v. XYZ Corp., the court excluded evidence that lacked proper authentication under FRE 901, and this case is directly analogous to the defendant’s submitted exhibits."
Attach Supporting Affidavits or Exhibits: If necessary, include affidavits, expert testimony, or other exhibits that support your objections and strengthen your challenge to the opposing party’s evidence.
Example: "To support this challenge, I have attached an affidavit from the custodian of records, confirming that the documents submitted by the defendant were not maintained in the regular course of business."
🎯 Strategic Tip: Clearly present your evidence and legal arguments to demonstrate the weakness or inadmissibility of the opposing party’s evidence, ensuring the court understands why their evidence should be excluded.
Challenging the opposing party’s evidence is a critical aspect of securing summary judgment in your favor. By identifying weaknesses in the opposing evidence, using specific legal arguments, and presenting strong rebuttals, you can ensure that only reliable and relevant evidence is considered by the court. This will increase your chances of success in summary judgment and help streamline the litigation process.
At Legal Husk, we assist litigators in crafting persuasive arguments to challenge opposing evidence, ensuring that their motions for summary judgment are based on solid, admissible evidence.
📌 Need help challenging the opposing party’s evidence in your summary judgment motion?
👉 Visit:
🔗 legalhusk.com
🔗 legalhusk.com/services
📩 Ready for a court-ready motion for summary judgment at a predictable price? Contact Legal Husk for expert support.
File wisely. Litigate efficiently—Legal Husk.
Whether you are dealing with a complex family matter, facing criminal charges, or navigating the intricacies of business law, our mission is to provide you with comprehensive, compassionate, and expert legal guidance.
