In many cases, a just outcome may be achieved through Summary Judgement. The following is a brief outline of process and some potential pitfalls.

  1. Decide if summary judgment fits the problem
    Summary judgment lets the court enter judgment without a trial when there’s no genuine dispute over the material facts and the issue is purely legal, so use it when the facts you need are either undisputed or provably absent from your opponent’s case.
  2. Lock onto the exact elements at issue
    List the elements of the claim you’re attacking (or the defense you’re asserting). Pick the one(s) you can (a) conclusively negate, (b) show the other side cannot prove after discovery, or (c) establish as undisputed for your affirmative defense.
  3. Draft a short, targeted motion
    Open with a one-paragraph statement that clearly says which element you’re targeting and on which ground (negation, no evidence, or undisputed affirmative-defense elements). Keep it tight and specific.
  4. Prepare a Statement of Uncontroverted (Material) Facts
    List only the few facts that truly decide the motion—each in its own numbered paragraph—and, for each fact, point to the exact pages/paragraphs of affidavits, depositions, exhibits, or pleadings that prove it. Attach those items. Don’t pad with trivia.
  5. Attach your proof the right way
    Include sworn affidavits, deposition excerpts, and documentary exhibits that directly support each numbered fact. Label and cross-reference everything so the judge can verify quickly.
  6. File a short memorandum of law
    Explain (i) the elements that control decision, and (ii) why your cited evidence means there’s no real factual dispute and you’re entitled to judgment as a matter of law. Accuracy and candor matter—misstating cases or the record hurts credibility.
  7. Serve and calendar
    File and serve the motion, statement of facts, exhibits, and memo. Diary response, reply, and hearing deadlines per your court’s rules.
  8. Anticipate the response
    The opponent must admit or deny each numbered fact with pinpoint citations to contrary evidence and can file a legal memo in opposition (and sometimes list additional “material facts in dispute”). Build your reply around those exact points.
  9. Reply (and, if rules allow, sur-reply)
    File a reply memo that addresses their record citations and law, and—only if permitted—deal with any “additional facts” they raised.
  10. Hearing and outcome
    Be ready to walk the judge cleanly through: the controlling elements → your numbered facts → the page-cited evidence → the legal rule that warrants judgment now. If granted, you win that claim/issue without trial; if denied, you’ve still narrowed and tested the case.

Why use summary judgment?
• Speed and cost: resolve all or part of a case without trial.
• Focus: forces both sides to crystalise the real, material facts.
• Leverage: a strong motion can narrow issues or prompt settlement.

Common pitfalls to avoid
• Burying the court in immaterial facts or quotations instead of element-level “material facts.”
• Failing to properly plead an affirmative defense you want to win on.
• Citing evidence without attaching it or giving precise page/paragraph references.

Quick disclaimer
Procedures vary by jurisdiction. Always check (and cite) your specific court rules and local authorities before filing. This page is general information, not legal advice.


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