Discover why motions to dismiss and summary judgment often fail and how to avoid critical procedural mistakes. Legal Husk breaks down common errors and offers tips for success.
Procedural Pitfalls: Why Motions Fail and How to Avoid It
Introduction
Filing a motion to dismiss or a motion for summary judgment is a powerful step in litigation, often designed to end the case before trial. But these motions are not automatic wins. In fact, courts deny many of them due to easily avoidable mistakes.
This article explores the most common procedural pitfalls that cause these motions to fail. Whether you’re representing yourself or working with an attorney, understanding these risks is essential to drafting stronger, more persuasive motions. With Legal Husk’s expert guidance, you can steer clear of the most frequent errors and improve your odds in court.
Why Motions to Dismiss Are Denied
1. Misapplying the Legal Standard
Many motions to dismiss misunderstand or misstate the Rule 12(b)(6) plausibility standard.
Solution: Focus purely on whether the complaint states a legally sufficient claim.
2. Raising Factual Disputes
Including facts outside the complaint can cause the court to convert your motion into one for summary judgment — or reject it altogether.
Solution: Stick to the four corners of the complaint and avoid declarations or exhibits.
3. Overreaching or Overloading
Trying to dismiss everything can weaken your credibility if some claims are clearly viable.
Solution: Target only claims with obvious legal flaws. Preserve your arguments for later stages.
Why Summary Judgment Motions Are Denied
1. Lack of Admissible Evidence
Summary judgment is based on evidence. Submitting hearsay, unauthenticated documents, or missing declarations will doom your motion.
Solution: Use only properly supported exhibits: sworn affidavits, verified records, or deposition transcripts.
2. Disputed Material Facts
Judges deny summary judgment if even one material fact is in dispute.
Solution: Focus your motion on claims where facts are clearly undisputed or supported by overwhelming evidence.
3. Poorly Organized Statements of Fact
Rambling, unsupported, or overly long factual statements confuse the court.
Solution: Use numbered paragraphs, concise facts, and pinpoint citations.
4. Arguing Instead of Proving
Legal conclusions alone are not enough. Courts want to see how your evidence meets the legal standard.
Solution: Tie every fact to a specific element of the legal claim or defense.
Universal Motion Mistakes
1. Ignoring Local Rules
Each court has unique formatting, page limits, and briefing requirements.
Solution: Always review the judge’s standing orders and local procedural rules before drafting.
2. Filing Too Early or Too Late
Motions filed before sufficient development or after deadlines are vulnerable to denial.
Solution: File your motion only when the record is complete and timing is appropriate.
3. Failing to Meet the Burden of Proof
Whether moving to dismiss or for summary judgment, the burden is on the filer to justify dismissal.
Solution: Build a compelling, structured, and well-supported case from the start.
4. Forgetting to Request Specific Relief
Don’t just argue—ask for exactly what you want the court to do.
Solution: End with a clear, direct request (e.g., “Defendant respectfully requests dismissal of Count III.”)
Judicial Expectations: What Judges Want to See
When your motion respects the court’s time and rules, your arguments are taken more seriously.
How Legal Husk Helps You Avoid These Pitfalls
At Legal Husk, our litigation experts draft motions tailored to court expectations. We:
📌 Partner with us for smart, court-ready documents:
Final Thoughts
Most failed motions aren’t denied because the law was wrong—they’re denied because the motion was poorly timed, badly drafted, or procedurally flawed. Don’t waste your best opportunity to end a case early.
📩 Need help crafting a motion that gets granted? Contact Legal Husk and let our legal team guide you through every step of successful pretrial motion practice.
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.
