How to Defeat a Motion for Summary Judgment

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Check the statute of limitations. If the plaintiff is the party moving for summary judgment, she only has 20 days after filing the lawsuit to do so. The defendant can move for summary judgment at any time. If the plaintiff does not make the motion in time, her claim is automatically defeated.

Gather and submit evidence. To oppose a motion for summary judgment the non-moving party should gather evidence that proves there are disputes about material facts of the case. For example, in a contract dispute the plaintiff may claim that there is no dispute that the contract is valid. To defeat a motion for summary judgment, the defendant could enter evidence that the contract was induced by fraud and is therefore invalid.

Meet the burden of proof. To defeat a motion for summary judgment, it is not necessary to prove that you would win a dispute on any issue of material fact. All you have to prove is that there is a dispute about a genuine issue of material fact. Summary judgment hearings are not mini-trials that decide the issues; they are proceedings to determine if a dispute actually exists.

Appeal the summary judgment. Although denials of summary judgment motions generally are not appealable, you can appeal a court's decision to grant the opposing party's motion for summary judgment. The appellate court will apply the same summary judgment standard as the trial court.


About the Author

Abby began writing professionally in 2008. Her writing experience includes scholarly writing and articles for eHow. Abby enjoys writing brief how-to articles on legal issues. She holds a Juris Doctor degree from the University of Nebraska.

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