Discover the top mistakes to avoid when filing a motion for summary judgment. Learn how to improve your chances of success with expert legal drafting and strategy.

Common Mistakes to Avoid When Filing a Motion for Summary Judgment

Introduction

Filing a motion for summary judgment (MSJ) is a key moment in civil litigation. When executed correctly, it can lead to a swift victory without the need for a trial. However, many motions fail not because the underlying case is weak—but because the motion itself is poorly drafted, procedurally flawed, or tactically misguided.

To succeed, you must understand not just what to include in your MSJ—but also what to avoid. A single error can result in denial, wasted resources, or even sanctions.

In this article, we explore the most common mistakes litigants make when filing a motion for summary judgment and offer strategies to help you craft a winning, court-compliant motion. For professionally drafted summary judgment documents, visit legalhusk.com or legalhusk.com/services/civil-litigation.

1. Filing Too Early in the Case

One of the most frequent—and fatal—errors is filing a summary judgment motion before discovery is complete.

Why It's a Mistake:

• Courts often deny early MSJs under Rule 56(d), which allows the opposing party to request time for additional discovery.
• Judges expect a fully developed factual record before deciding substantive issues.

Avoid It By:

• Waiting until all depositions and document exchanges are complete.
• Using discovery to uncover weaknesses in the opposing party’s case first.

2. Failing to Follow Procedural Rules

Every court—state and federal—has specific rules for filing and formatting MSJs. Ignoring them can doom your motion.

Common Rule Violations:

• Missing filing deadlines.
• Exceeding page limits.
• Failing to include a statement of undisputed material facts.
• Using incorrect font, spacing, or exhibit formatting.

Avoid It By:

• Reviewing the court’s local rules and scheduling order.
• Confirming formatting standards.
• Double-checking court procedures for e-filing, hard copies, or judge preferences.

3. Submitting Inadmissible Evidence

Courts will only consider admissible evidence in support of summary judgment. Submitting unsupported, hearsay, or unauthenticated evidence weakens your case.

Examples of Inadmissible Evidence:

• Unsigned or undated affidavits.
• Documents lacking proper foundation or authentication.
• Email screenshots without metadata.

Avoid It By:

• Including sworn affidavits or declarations under penalty of perjury.
• Citing properly marked and authenticated exhibits.
• Using deposition testimony with precise page/line references.

4. Ignoring Material Facts in Dispute

Summary judgment is only granted if no genuine dispute of material fact exists. Many motions fail because the movant ignores or downplays factual conflicts.

Avoid It By:

• Reviewing the entire record, not just your favorable evidence.
• Acknowledging disputed facts and explaining why they are not material.
• Ensuring you cite facts that matter under the governing law.

5. Misunderstanding the Legal Standard

Summary judgment is not a trial on the papers. The judge does not weigh credibility or resolve factual conflicts.

Avoid It By:

• Showing that even with all reasonable inferences drawn in favor of the non-moving party, they still can’t win.
• Focusing your motion on undisputed facts and clear legal entitlement.

6. Overloading the Motion with Irrelevant Information

Judges are busy—and legal clutter frustrates them. Long-winded narratives, irrelevant facts, or off-topic legal theories reduce your credibility.

Avoid It By:

• Sticking to key claims, defenses, and facts.
• Using clear headings and bullet points.
• Citing only relevant case law and statutes.

7. Failing to Properly Structure the Motion

A poorly organized motion can confuse the judge and undermine your argument.

Strong MSJ Structure Includes:

• Introduction with a summary of what you're requesting.
• Statement of undisputed material facts with citations.
• Legal argument section with subheadings.
• Conclusion requesting relief.

Avoid It By:

• Following templates or samples from your jurisdiction.
• Reviewing prior successful MSJs in similar cases.

8. Not Addressing All Claims or Elements

Omitting one claim or legal element gives the court a reason to deny the motion.

Avoid It By:

• Breaking down every element of each claim or defense.
• Explaining how your evidence satisfies or disproves each element.
• Using a checklist to ensure all legal bases are covered.

9. Underestimating the Opposition’s Response

Don’t assume the opposing party will be unprepared. Courts often view the record in their favor.

Avoid It By:

• Anticipating counterarguments and addressing them.
• Reviewing the opposition’s earlier pleadings and discovery.
• Filing a strong reply brief, if allowed.

10. Forgetting the Strategic Purpose

MSJs are not just legal filings—they're strategic tools. Filing when unnecessary, weak, or premature can backfire.

Avoid It By:

• Filing only when your evidence is strong and your facts are clean.
• Considering if the motion might push the other side toward settlement.
• Evaluating whether a partial MSJ is more realistic.

Bonus Tip: Always Prepare for Denial

Even strong motions can be denied. Use the MSJ process to:

• Frame your trial strategy.
• Preview legal themes for the judge.
• Set up future motions or appeals.

If your MSJ is denied, you can still win at trial—especially if your motion exposes the weaknesses of the opposition.

How Legal Husk Helps You Avoid These Mistakes

At Legal Husk, we specialize in litigation-ready, court-compliant legal documents for plaintiffs and defendants. Our services help you:

• Draft professional, properly formatted motions for summary judgment.
• Prepare admissible evidence and exhibits.
• Write persuasive legal arguments grounded in precedent.
• Avoid technical errors that lead to denial.

You can purchase our legal drafting services directly from:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• Learn more about us at legalhusk.com/about-us

We assist solo litigants, attorneys, and legal teams with documents that get results.

Final Thoughts

Filing a motion for summary judgment is an opportunity to win your case early—but it’s not a shortcut. Avoiding common mistakes—like filing too soon, missing formatting rules, or submitting bad evidence—can mean the difference between success and failure.

With proper planning, legal knowledge, and support, your MSJ can be a powerful step toward resolution.

📩 Need help drafting your MSJ or correcting a flawed one? Visit Legal Husk today to purchase expertly prepared litigation documents and services.