Discover what judges expect when reviewing motions to dismiss and summary judgment. Legal Husk outlines the legal, structural, and strategic elements that influence judicial decision-making.

What the Judge Looks For in Each Motion Type

Introduction

When filing a motion to dismiss or motion for summary judgment, success depends not only on your legal arguments, but also on understanding what the judge is actually looking for. Judges have limited time, a heavy docket, and specific standards that must be met for each type of motion.

In this article, Legal Husk breaks down exactly what judges want to see in these motions—from legal sufficiency to proper structure—and how to meet or exceed those expectations.

What Judges Expect in a Motion to Dismiss (Rule 12(b)(6))

1. Legal Accuracy

• Clearly identify what legal elements the complaint is missing
• Cite directly applicable case law or statutory rules
• Avoid overgeneralized or irrelevant arguments

2. Proper Use of the Pleading Standard

• Respect the Twombly/Iqbal standard: allegations must be plausible, not merely possible
• Don’t argue facts—argue legal insufficiency
• Refrain from asking the court to evaluate credibility

3. Efficient Structure

• Short introduction summarizing the issues
• One heading per dismissed count or legal flaw
• Use subheadings to walk the court through your reasoning

4. Respect for Procedural Posture

• Stick to the face of the complaint
• Do not attach declarations or documents not referenced in the complaint
• Avoid asking the court to weigh evidence

What Judges Expect in a Motion for Summary Judgment (Rule 56)

1. Admissible, Well-Cited Evidence

• Every statement of fact must have a pinpoint citation
• Use properly authenticated exhibits (affidavits, discovery responses, contracts, etc.)
• Avoid hearsay, speculation, or unsupported assertions

2. A Clear Statement of Undisputed Facts

• Judges want a numbered list of concise, material facts
• Avoid unnecessary background or commentary
• Link each fact to an essential element of your claim or defense

3. Legal Argument Tied to Facts

• Show how the law applies to the undisputed facts
• Avoid rehashing facts already covered in the statement of facts section
• Connect the dots between your evidence and the legal standard

4. A Summary That Respects Judicial Efficiency

• Judges prefer focused, no-fluff arguments
• Reinforce how your motion promotes early resolution of the case
• Emphasize why a trial is unnecessary

What Judges Dislike

1. Overlong or Disorganized Motions

• Repetition, excessive footnotes, and rambling explanations signal poor preparation

2. Disrespect for the Court’s Time

• Including unnecessary legal background or attacking the opposing party’s motives

3. Lack of Procedural Knowledge

• Violating local rules, improper formatting, or missing deadlines

4. Failure to Address the Standard

• Not stating the motion’s legal burden and how it’s met
• Omitting how the facts meet the elements of the law

How to Write for the Judge’s Perspective

Be Clear and Concise

Judges appreciate directness:

• What is the claim?
• Why does it fail?
• Where is the supporting legal authority?

Use Formatting to Aid Understanding

• Headings, bullet points, and tables help judges follow your logic
• Attach a proposed order to make the court’s job easier

Anticipate the Court’s Questions

• What might make the judge doubt your motion?
• Address likely objections before the judge has to ask

Legal Husk’s Approach to Judge-Friendly Motions

At Legal Husk, we:

• Draft motions tailored to federal and state judicial preferences
• Follow court-specific formatting and procedural rules
• Anticipate judicial concerns in how we structure and support arguments
• Provide statement of facts sections that are clean, persuasive, and properly cited

📌 See how our drafting process aligns with courtroom expectations:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Judges look for clarity, credibility, legal sufficiency, and procedural precision when reviewing motions to dismiss and motions for summary judgment. Knowing what they expect (and what frustrates them) allows you to craft motions that are more persuasive and more likely to succeed.

📩 Want to file a motion that speaks the judge’s language? Reach out to Legal Husk for expertly crafted, court-ready motions designed with your courtroom audience in mind.