how do I write a motion for summary judgment? I wish to get a summary judgment, how do I do this? And when do i show the evidence, emails, witness statement? Do all the emails have to be filed, or do I just show up to court on the day of summary judgment with my emails? And my witness?
A motion for summary judgment requires various documents, including a notice, motion, separate statement of material undisputed facts, supporting declarations, exhibits, and a proposed order. No one on Avvo can explain how to write this type of motion since no one knows anything about your case, and apparently you're completely unfamiliar with civil procedure and with this type of motion. You'll also need to reply to the opposition, which usually requires objections to evidence submitted by the other side.
I suggest you need to buy a good "how to" guide on civil procedure in your state that includes sample documents, visit you local law library, or hire a lawyer for help.
PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
1 lawyer agrees
Ms. Koslyn gives you good advice. Now, I am assuming that you have completed discovery. And now have an array of evidentiary materials. The motion for summary judgment is a written motion, but, after the motion is fully briefed, you can anticipate oral argument. The motion is predicated on the notion that there is no genuine dispute as to material facts and that there is thus no need for a trial, because all the court need do is apply the law to the established and undisputed facts.
Besides the notice of motion, which is essentially boilerplate, one needs to draft and file a memorandum of law, affidavits in support of the motion, and to provide any exhibits that serve to buttress the motion. Also filed with the court is a statement of undisputed material facts, consisting of numbered paragraphs.
A motion for summary judgment is rather challenging, even for an experienced lawyer who has lived through many such motions.
It's always hard to convince a pro se litigant that he or she needs a lawyer. The reason it is so difficult is largely because pro se litigants tend to think that all that is required to represent oneself is intelligence.
Don't get me wrong -- intelligence is indeed necessary, but legal training and experience also count for something.
Law is essentially a language; it is a way of thinking, and there is probably not a single lawyer in the world who doesn't find that he or she no longer thinks in the fashion that he or she did think before endeavoring to learn law. There are no crash courses available, and it is not simply a matter of filling out a form. Winning summary judgment is difficult. Drafting a proper motion for summary judgment is difficult too.
You may not like this advice, but I urge you to hire a lawyer. I know, I know -- don't ask a barber if you need a haircut. But there are times when you actually do need a haircut. And you can't fault the barber for saying so.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.
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Estate Planning Attorney
Summary judgment is a HUGE amount of work and amasses the discovery done in the case to date to prove the elements. You use the facts established in discovery to say, essentially, "look at all these undisputed facts and based on those undisputed facts, I win". It takes months to get to the summary judgment stage. There are a lot of rules of civil procedure that apply and must be adhered to carefully. If you are new in the case, as it sounds, and are clueless how to proceed, you are in over your head. Mr. Haber's answer is brilliant and precise. You need to consult an attorney in Florida for guidance.
Use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.