How do I counter an attorney’s motion for summary judgement and memorandum of law?

Asked on October 19, 2011 under Bankruptcy Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A motion for summary judgment is a complicated motion where a party essentially is trying to try a case on paper. To defeat a motion for summary judgment motion one has to create a triable issue of fact. To create a triable isue of fact, a party opposing a summary judgment motion has to raise a viable defense to the claim or a triable issue to one of the elements as to one of the causes of action plead in the complaint.

Typically to oppose such a motion one submits a declaration, a memorandum of points and authorities in support of the opposition, and responses to the undisputed material facts in support of the motion. An online search can show you some templates on how to oppose this type of motion.

Good luck.

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