Defendant State of Missouri's Motion for Summary - Learn To Carry 2025

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Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. 1746 can be used to support or oppose a motion for summary judgment.
Get a Fair Hearing in Court Show that the motion fails to list the specific facts and law supporting summary judgment. Show that a dispute exists on a material fact. Show that the law does not support judgment on the undisputed facts.
Completing the additional facts section of the separate statement, then the response to the defendants separate statement, and then the memorandum of points and authorities is, in my opinion, the most effective method of opposing a summary-judgment motion.
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Answer each numbered fact proposed by the moving party in separate paragraphs, using the same number. The court strongly prefers that the responding party repeat verbatim the moving partys proposed fact and then respond to it. 2. All responses should be succinctly stated.
Opposing summary-judgment motions Read and review a summary-judgment motion immediately. Know the law and how it applies to each of defendants arguments. Review each fact set forth in defendants statement of undisputed material facts. Conduct discovery geared to the crucial facts in defendants separate statement.
What Is a Summary Judgment Motion? A motion for summary judgment is when a litigant in a case, either the plaintiff or the defendant, asks the court to end the case without holding a trial.
A motion for summary judgment shall summarily state the legal basis for the motion. A statement of uncontroverted material facts shall be attached to the motion.
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.

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