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How To Respond to a Motion for Summary Judgment


Background: The defendant in your civil case moved for summary judgment (under Rule 56)
Problem: You're unsure of how to put forth a well-formulated response
Solution: You follow this guide for responding in opposition to the defendant's motion

I. Definitions

Summary Judgment

II. Legal Citations

Rule 56 Fed. R. Civ. P. | Summary Judgment
(a) MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

...

(c) PROCEDURES.

(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.

(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.

(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.
Rule 1.510 Fla. R. Civ. P. | Summary Judgment
(b) For Defending Party. A party against whom a claim, counterclaim, crossclaim, or third-party claim is asserted or a declaratory judgment is sought may move for a summary judgment in that party’s favor as to all or any part thereof at any time with or without supporting affidavits.

(c) Motion and Proceedings Thereon. The motion must state with particularity the grounds upon which it is based and the substantial matters of law to be argued and must specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence (“summary judgment evidence”) on which the movant relies.

The movant must serve the motion at least 20 days before the time fixed for the hearing, and must also serve at that time a copy of any summary judgment evidence on which the movant relies that has not already been filed with the court.

The adverse party must identify, by notice served pursuant to Florida Rule of Judicial Administration 2.516 at least 5 days prior to the day of the hearing if service by mail is authorized, or delivered, electronically filed, or sent by e-mail no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies. To the extent that summary judgment evidence has not already been filed with the court, the adverse party must serve a copy on the movant pursuant to Florida Rule of Judicial Administration 2.516 at least 5 days prior to the day of the hearing if service by mail is authorized, or by delivery, electronic filing, or sending by e-mail no later than 5:00 p.m. 2 business days prior to the day of hearing.

The judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
Local Rule 3.01 USFLMD | Time to Respond

III. Samples

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IV. Templates

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V. Application

Time to Respond
Scope/Purview
Legal Standard of Review
Part A | Movant's Burden
Part B | Nonmovant's Burden
Part C | Cannot Weigh Evidence

VI. Quick Commentary

  • Critical Note: File this document on time!
  • Download as many sample documents as you'd like
    • Model your language after the language that lawyers use
  • Use the free-hand template (see Part IV - above) to write your Response
  • Save the final version as a PDF file.
  • File the final version in court

VII. Additional Notes

  • Estimated Time ≈ 4-16 hours

VII. Additional Resources

  • TBD's Interactive Reading List on Summary Judgment (Free; Earn Book Points!):
  • Law Reviews/Journals on Summary Judgment
    • Federal Summary Judgment Doctrine: A Critical Analysis, 83 Yale L.J 745 (1974)
    • Second Thoughts About Summary Judgment, 100 Yale L.J. 73, 76 (1990)
    • Thoughts on Directed Verdicts and Summary Judgments, 45 U. Chi. L. Rev. 1977
  • Rule 11d (FL, Broward County, Division 13)

VIII. Bibliography

X. Conclusion

With the use of the template (as well as the samples above), you can more easily draft your Response in Opposition to Defendant's Motion for Summary Judgment (Federal, under Rule 56 Fed. R. Civ. P.).

...POINTS & THINGS...

Congratulations! You're now booked up on how to respond to a Motion for Summary Judgment.

Please get the justice you deserve.

Sincerely,



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