Sunday, January 27, 2013

How To Defend Against A Summary Judgment Motion

From George Vetter’s book, “ Successful Civil Litigation,” quoted in Steven Stark’s book, “Writing to Win”:

  1. Demonstrate an issue of fact.
  2. Expose the invalidity of materials supporting the other side’s motion (for example, mistakes in the affidavit).
  3. Illustrate how the case hinges on something else that needs to be assessed, such as credibility.
  4. Show the moving party’s exclusive control of the facts.


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