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.

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.

You can find some of our programs at which Karen has taught here:

9th Annual Superior Court Boot Camp
11th Annual Superior Court Boot Camp