Motions for Summary Judgment: A Few Simple Tips to Improve Immediately
Karen Kimmey, Esq., a Partner at Farella Braun + Martel LLP, frequently speaks at our annual Superior Court Boot Camps. She is a favorite of attendees and always gives terrific advice and instruction. We’ve taken just a few of her basic tips from one of her presentations on Motions for Summary Judgment, and listed them below for your quick reference.
Our blog readers can take 50% off our Superior Court and Federal Court Boot Camp audio packages with the coupon code 50MSJ.
Karen gets into much more detail at our programs, with a lot more advice, but we just wanted to list a few things for you to think about and do when writing your Motions for Summary Judgment.
- Think strategically about whether to file for summary judgment regardless of odds of winning.
- Educate the judge.
- Preview your opponent’s evidence.
- Consider the cost and effort required.
- Spend more time on your Separate Statement.
- Often an afterthought for counsel.
- Document most relied-upon by many judges and clerks.
- Include only those facts in your Separate Statement that are truly “material.”
- The Court may assume it is material if it is in your Separate Statement.
- Each fact should be discrete and independent.
- Focus on your introduction and headings.
- Explain in a couple sentences what relief you are seeking and why you are entitled to it.
- Use argumentative headings to guide the argument.
- Do not bother with a long recitation of summary judgment standards.
- Simplify if you are seeking summary judgment; complicate if you are opposing.
- Start the process early; it takes time to prepare the papers.
Karen is a favorite with our seminar attendees, and has spoken at almost every Superior Court Boot Camp held in San Francisco since 2011.
