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I argued my first opposition to a MSJ a few weeks ago and I outlined all my arguments and rebuttals. Get on call for the hearing, I may have said two statements. OC nailed her own grave, Judge basically argued for me. But what really seemed to seal the deal for my opposition. was when OC said “I’m just worried that you will set a dangerous precedent.” Judge replied, “this is a MSJ hearing and I’m a trial judge.” With that being said, just don’t say what OC said and know when to stop talking 😆
No advice! Just wanted to wish you luck! I’m sure all of your other prior experience will be all you need!
If you are the movant, present your arguments using opposing party’s facts and exhibits. Use their evidence to show that there is no question of fact. If you are defending, then create as many fact questions as possible. If the judge can’t follow the facts, it’s easier to get them to say that summary judgement isn’t proper.
Practice your argument over and over. I’m 20 years in and I still practice. I can definitely argue off the cuff, but practicing allows me to hone my argument and create clever sound bytes.
Find some way to state the standard your motion opponent faces (you did not specify for/against) a few times throughout the argument if you can creatively, try to make it a theme you keep returning to of how the evidence presents questions of fact that can’t be summarily resolved for judgment as a matter of law.
Rising Star
Bullet point outline of your argument. Use your opponents facts against them so that there is no question of fact alleged. Cite your case law and demonstrate where it’s analogous or distinguishable, but be concise.
Sooo....what happened?
Thanks for reporting back OP, glad you performed as you expected! Knew you could do it.
Good luck!!!
Know the facts of your case. Good luck!