Mastering Summary Judgment Motions: Drafting and Legal Strategy

Lisa M. Szyc | Backus Burden Law

Ms. Szyc attended the University of Nevada Las Vegas. She held leadership roles her sorority Alpha Delta Pi and Panhellenic. Ms. Szyc was also active in student government and served as a justice on the judicial council. She then attended law school at North Carolina Central University. Ms. Szyc participated in several legal clinics including a domestic violence clinic, a criminal defense clinic and a veteran’s law clinic. Ms. Szyc was also a competitive member of NCCU’s trial competition team.

Ms. Szyc has been licensed to practice law in Nevada since 2009. She has dedicated her career to assisting criminal defendants in their legal defense. She has also practiced in family law including assisting families with child custody, child support and divorce matters. She has also focused part of her time to veteran’s assisting local veterans with a myriad of legal needs, including Veteran’s affairs claim. Ms. Szyc is licensed to practice in the Ninth Circuit court of Appeals and had the opportunity to present oral arguments in October 2016.

Ms. Szyc is an active volunteer in the Las Vegas community. She is a life-time member of several veteran auxiliary groups and serves on the executive committee for the St. Jude Children’s Research Hospital’s Viva St. Jude event. She has also served as a truancy court judge for the truancy diversion program and volunteers to judge trial team competitions whenever time allows.

I. Summary Judgment is for Both Plaintiff & Defendants | 2:00pm – 2:05pm

II. Discovery: | 2:05pm – 2:20pm

• Know the elements of your causes of action /or defenses
• Conduct discovery in a way that is tailored to those elements or defenses
• Focus on the facts of the complaint

III. What is the Summary Judgment? | 2:20pm – 2:35pm

• FRCP 56-
• It can be full or partial
  • What does this mean? And why is this important?
• No genuine dispute of material facts
• Entitled to judgment as a matter of law

IV. Burden of the Moving Party (as to material facts) | 2:35pm – 2:45pm

• Burden of showing no genuine issues of material fact
• Material fact defined?

V. Burden of the Nonmoving Party? (there is a shift) | 2:45pm – 3:00pm

• Must do more than show metaphysical doubt Orr v. Bank of Am., NT & SA, 285 F.3d764, 783 (9th Cir 2002)
• Mere existence of a scintilla of evidence in support of position will be insufficient Anderson v Liberty Lobby, Inc. 477 U.S. 242, 248 (1986)

Break | 3:00pm – 3:10pm

VI. How do I decide which facts are “Material”? | 3:10pm – 3:15pm

VII. Admissibility of material facts? | 3:15pm – 3:30pm

• Opposing party’s reliance on inadmissible hearsay to survive summary judgment – Why is this important when drafting a motion?

VIII. Drafting the Motion: Applying the facts to the law is the crucial part of drafting | 3:30pm – 3:50pm

• Focus on the Facts
  • This is where you will or lose your motion
  • Be direct and sufficient
  • Cite to the record
  • Do not leave anything out
• Legal Argument
  • Clear and concise headings
  • Set forth the standard
    1. Tell the court why you are entitled to summary judgement
  • Set forth your argument- As clearly as possible
    1. Apply the facts to the case law
    2. Cite back to the record

IX. Conclusion | 3:50pm – 3:55pm

• Wrap it up in a bow and tell the court why your request should be granted

X. Practice tips | 3:55pm – 4:10pm

• Be aware of any local rules:
  • i.e. are there any specific requirements for your jurisdiction?
    1. Do you need an affidavit?
    2. Does your uncontroverted facts section need to be formatted a specific way?
    3. Do you need a compliance statement within the motion?
    4. Do you need an exhibit appendix or can they be incorporated within the motion