Learn effective strategies for responding to a motion for summary judgment. Discover how plaintiffs and defendants can challenge and defeat an MSJ with evidence, law, and timing.

How to Respond to a Motion for Summary Judgment: Strategies for Opposing Counsel

Introduction

A motion for summary judgment (MSJ) can be a powerful move by your opponent to win a case—or parts of it—without a trial. But a well-prepared and strategic response can stop that motion in its tracks.

Whether you’re a plaintiff or a defendant, understanding how to respond effectively is essential. Courts don’t just grant summary judgment because it was filed—they require convincing evidence and legal support. If you know how to challenge the motion, you can preserve your claims, highlight disputed facts, and protect your path to trial.

In this article, we’ll explore the key strategies for opposing a motion for summary judgment, including what to file, what evidence to gather, and how to position your arguments. For court-ready, professional legal document drafting, Legal Husk offers litigation services at legalhusk.com and legalhusk.com/services/civil-litigation.

Understanding the Purpose of a Summary Judgment Motion

A motion for summary judgment asks the court to rule before trial, asserting that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

If granted, the judge can:

• Dismiss the case entirely (for defendants).
• Establish liability before trial (for plaintiffs).
• Narrow the issues for trial, streamlining litigation.

As the opposing party, your job is to show the court that disputed facts remain, or that the legal basis for the motion is flawed.

1. Know the Rules and Deadlines

Responding to a summary judgment motion is governed by strict court rules:

• Federal Rule of Civil Procedure 56 applies in federal courts.
• Each jurisdiction has local rules about formatting, timing, and filing.

Deadlines

• You may have only 14 to 21 days to respond.
• Failing to respond on time can result in waiver or even automatic judgment.

Formatting Requirements

• Some courts require specific formatting, including page limits, exhibit labeling, and citations.
• Many require a counterstatement of disputed facts with pinpoint citations.

Check your court’s scheduling order and local rules before you begin.

2. Focus on Disputed Material Facts

Your strongest argument is often simple and factual: show that there’s a genuine dispute of material fact that must be resolved by a jury.

What to Do:

• Review every asserted fact in the MSJ.
• Provide contradictory evidence (affidavits, documents, deposition excerpts).
• Submit a response to the statement of facts (typically point-by-point).

Best Practices:

• Avoid legal conclusions. Stick to facts that are relevant and supported by admissible evidence.
• Show that different interpretations or credibility issues exist.

Types of Evidence to Use:

• Affidavits or declarations.
• Discovery responses.
• Deposition transcripts.
• Contracts, records, or communications.

If your facts conflict with theirs, the court must deny summary judgment.

3. Challenge the Legal Argument

Sometimes the facts aren’t the issue—the law is. A motion can fail if it misstates legal standards or ignores precedent.

How to Respond:

• Explain how the moving party misapplied the law.
• Show that the claim requires jury interpretation, not a legal ruling.
• Use case law and statutory authority to challenge their legal foundation.

Tip:

Tailor your legal arguments to the jurisdiction’s controlling precedent and use analogous case outcomes to bolster your position.

4. File Supporting Documents and Exhibits

You can’t win on argument alone. Evidence must support your response.

What to Include:

• Response brief (the legal argument).
• Counterstatement of material facts.
• Affidavits/declarations from key witnesses.
• Exhibits (documents, records, deposition excerpts).

Ensure all exhibits are:

• Clearly labeled (e.g., Exhibit A, Exhibit B).
• Cited specifically in the brief and fact statement.
• Authenticated through declarations, if necessary.

5. Use Procedural Tools If Needed

Rule 56(d) Motion (Federal Court)

If discovery is incomplete or you need more time, file a Rule 56(d) motion.

This asks the court to:

• Delay ruling on summary judgment.
• Allow additional discovery.

Grounds for 56(d):

• Opposing party hasn't responded to document requests.
• Key witnesses haven’t been deposed.
• Crucial evidence is outstanding.

This tactic works best when the court sees genuine need, not delay tactics.

6. Consider Partial Concessions

You don’t always have to oppose every claim. In some cases, it’s strategic to:

• Concede weaker claims or defenses.
• Narrow your focus to the strongest issues.

Doing so can preserve credibility and focus your response where it matters most.

7. Prepare for the Hearing

Many courts hold oral arguments on summary judgment motions. Prepare to:

• Clarify disputes in the record.
• Defend your evidence.
• Highlight inconsistencies in the moving party’s claims.

Use the hearing to emphasize why the case must go to a jury.

8. Use the Response to Strengthen Your Trial Position

Even if summary judgment is granted in part or denied entirely, your response brief can:

• Preview your trial narrative.
• Test key arguments in front of the judge.
• Influence settlement discussions.

Think of your response as a trial prep tool as well as a procedural defense.

Common Mistakes to Avoid

• Missing the deadline to respond.
• Submitting evidence that is inadmissible (hearsay, unauthenticated, etc.).
• Making arguments without citation.
• Ignoring procedural formatting rules.
• Failing to specifically deny asserted facts.

A single misstep could lead to judgment being entered against you.

How Legal Husk Can Help You Respond

At Legal Husk, we specialize in preparing court-ready documents that make a strong, compliant, and persuasive case against summary judgment.

Our Civil Litigation Services Include:

• Response briefs to motions for summary judgment.
• Counterstatements of material facts.
• Affidavit and declaration drafting.
• Strategic analysis of legal and evidentiary weaknesses in the motion.

You can purchase our legal services online at:

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

Whether you're facing a deadline or building your litigation plan, Legal Husk is your partner in opposing summary judgment effectively.

Final Thoughts

Responding to a motion for summary judgment is your opportunity to protect your case and keep it alive. A clear, well-supported, and strategic response can expose factual disputes, challenge flawed arguments, and position you for trial.

📩 Need help drafting your opposition to a motion for summary judgment? Visit Legal Husk to purchase expertly prepared legal documents and litigation support services that give you the upper hand.