Dear 1L: Summary Judgment Primer & Sample Phrases

Many of you are writing summary judgment briefs under Rule 56 this spring. Yet in your fall Civ Pro class, you’re lucky if Rule 56 even came up. Worse still, you’ve never written a summary judgment brief before.

I thought a little primer on procedure, with some phrases you might use, would help.

🔷 PRIMER

To begin, Plaintiff (P) files a Complaint in federal district court. She serves a summons on Defendant (D). There may be a motion to dismiss or other early things, but eventually, D Answers the Complaint.

The next step is Discovery.

The parties exchange written questions that seek information, along with requests for production of documents, inspections and other things.

The parties then exchange answers and responses, etc. Depositions and other things happen, and ultimately, Discovery closes.

There is now an evidentiary record.

At this point, either party may move for summary judgment under Rule 56.

The goal of a brief in support of a motion for summary judgment (MSJ) is to persuade the Court to rule on a claim as a matter of law.

The theory is that no dispute of material fact exists. Therefore, there are only legal issues for the Court to decide, and no trial with a jury (or other fact-finder) is necessary.

🔷 GENERIC PHRASES THAT FIT

For P’s MSJ (on P’s claim):

— “The undisputed facts establish P’s claim as a matter of law.”

— “On this record, no reasonable jury could find in D’s favor.”
———-
For D’s opposition to P’s MSJ:

— “P has failed to adduce sufficient evidence to prove her claim as a matter of law.”

— “There are disputes on several material facts that a jury must resolve, making summary judgment inappropriate.”
———-
For D’s MSJ (on P’s claim):

— “P has failed to adduce sufficient evidence on which a reasonable jury could find in her favor at trial.”

— “No material fact disputes exist, such that D is entitled to judgment as a matter of law.”
———-
For P’s opposition to D’s MSJ:

— “There are too many material factual disputes for judgment to be entered as a matter of law.”

— “P has adduced sufficient evidence on which a reasonable jury could find in her favor at trial.”

Let me know what else I might write about to help you.

Fondly,
💌 Amanda