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How to Write A Persuasive Summary Judgment Motion or Stellar Opposition to One

6 hours MCLE Credit including 1 hour in Legal Ethics

 

In this program, you will learn everything that you need to know about how to bring or oppose a motion for summary judgment, which is often a perilous event in litigation and not to be taken lightly. This program will take you from the beginning to the end of the process.

In this program, you will learn everything that you need to know about how to bring or oppose a motion for summary judgment, which is often a perilous event in litigation and not to be taken lightly. This program will take you from the beginning to the end of the process.

  • INTRODUCTION TO SUMMARY JUDGMENT PRACTICE
    • The role of summary judgment and summary adjudication
    • Cost of summary judgment
    • When not to seek summary judgment orsummary adjudication
  • CASE STRATEGIES TO CREATE OPPORTUNITIES FOR SUMMARY JUDGMENT
    • Client and witness interviews—what you are looking for
    • Early legal research: knowing the elements of the claims and defenses
    • Pleading strategy
    • Discovery strategy
  • DECISION TO FILE SUMMARY JUDGMENT
    • Initial summary judgment analysis—do you control the facts?
    • Summary adjudication vs. summary judgment
    • Additional legal research
    • Evidentiary burdens and presumptions
  • PROCEDURAL ISSUES
    • Length of notice/timing
    • Filing and service of motion
  • PREPARING THE MOTION FOR SUMMARY JUDGMENT
    • Know the MSJ procedure
    • Organize your evidence
    • Role of developing a case theme
    • Start writing—the anatomy & practical pointers of the brief
  • OPPOSING SUMMARY JUDGMENT
    • Additional discovery?
    • Identify disputed material facts
    • Role of discrediting the moving party (or its counsel’s) credibility
    • Preparing an opposing brief
    • Opposing separate statement
    • Evidentiary objections
  • REPLY BRIEF
    • Refocusing court on arguments
    • New arguments?
    • Additional evidence?
  • HEARING ON MOTION
    • Tentative ruling
    • Effective oral argument
    • Making your record for appeal
  • POST-HEARING PROCEDURES
    • Preparation of order on motion for summary judgment
    • Preparation and submission of judgment
  • APPEAL
    • De novo review
    • Briefs on appeal—roles reversed
  • AWARD OF FEES AND COSTS
    • Attorney fees
    • Costs
  • SETTLEMENT AND MSJ
    • Settlement strategies throughout the summary judgment process.
  • ETHICAL CONSIDERATIONS IN BRINGING AND OPPOSING SUMMARY JUDGMENT

This program assumes experience in litigation.

On Demand CP58485-191

Recorded 6/13

 

In this program, you will learn everything that you need to know about how to bring or oppose a motion for summary judgment, which is often a perilous event in litigation and not to be taken lightly. This program will take you from the beginning to the end of the process.

  • INTRODUCTION TO SUMMARY JUDGMENT PRACTICE
    • The role of summary judgment and summary adjudication
    • Cost of summary judgment
    • When not to seek summary judgment orsummary adjudication
  • CASE STRATEGIES TO CREATE OPPORTUNITIES FOR SUMMARY JUDGMENT
    • Client and witness interviews—what you are looking for
    • Early legal research: knowing the elements of the claims and defenses
    • Pleading strategy
    • Discovery strategy
  • DECISION TO FILE SUMMARY JUDGMENT
    • Initial summary judgment analysis—do you control the facts?
    • Summary adjudication vs. summary judgment
    • Additional legal research
    • Evidentiary burdens and presumptions
  • PROCEDURAL ISSUES
    • Length of notice/timing
    • Filing and service of motion
  • PREPARING THE MOTION FOR SUMMARY JUDGMENT
    • Know the MSJ procedure
    • Organize your evidence
    • Role of developing a case theme
    • Start writing—the anatomy & practical pointers of the brief
  • OPPOSING SUMMARY JUDGMENT
    • Additional discovery?
    • Identify disputed material facts
    • Role of discrediting the moving party (or its counsel’s) credibility
    • Preparing an opposing brief
    • Opposing separate statement
    • Evidentiary objections
  • REPLY BRIEF
    • Refocusing court on arguments
    • New arguments?
    • Additional evidence?
  • HEARING ON MOTION
    • Tentative ruling
    • Effective oral argument
    • Making your record for appeal
  • POST-HEARING PROCEDURES
    • Preparation of order on motion for summary judgment
    • Preparation and submission of judgment
  • APPEAL
    • De novo review
    • Briefs on appeal—roles reversed
  • AWARD OF FEES AND COSTS
    • Attorney fees
    • Costs
  • SETTLEMENT AND MSJ
    • Settlement strategies throughout the summary judgment process.
  • ETHICAL CONSIDERATIONS IN BRINGING AND OPPOSING SUMMARY JUDGMENT

This program assumes experience in litigation.

  • Jonathan M. Deer, Moderator
  • Turner Aubert & Friedman LLP,
  • Beverly Hills
  • Lisa A. Costello
  • THE BIERNAT LAW GROUP,
  • Burlingame
  • Karen P. Kimmey
  • Farella Braun + Martel LLP,
  • San Francisco
  • Eric S. Oto
  • Law Offices of Eric S. Oto,
  • Los Angeles
  • Sheryl A. Traum
  • Law Offices of Sheryl A. Traum,
  • Oakland
Products specifications
PRACTICE AREA Civil Litigation & Torts
SUBTOPICS Evidence and Discovery
PRODUCT GROUP CLE
REQUIRED SUBJECTS Legal Ethics
Products specifications
PRACTICE AREA Civil Litigation & Torts
SUBTOPICS Evidence and Discovery
PRODUCT GROUP CLE
REQUIRED SUBJECTS Legal Ethics