To prevail on a motion for summary judgment, you must demonstrate that there are no genuine issues of material fact and that you are entitled to judgment as a matter of law. This typically requires presenting detailed evidence that addresses all elements of the opposing party’s claims and showing that there is no dispute as to these facts.
When drafting a complaint, it is necessary to include a statement of the facts supporting the claim, the relief sought by the plaintiff, and citations to relevant legal authority. A detailed analysis of the defendant's financial status is not required at the pleading stage; it may be relevant later in the litigation process, such as during discovery or enforcement of a judgment.
Using a legal research database allows you to search for case law using specific keywords and issues, ensuring you find all pertinent decisions related to your legal issue. Secondary sources can provide useful background but are not a substitute for primary case law. Focusing only on recent cases may overlook older precedents that are still applicable.
When drafting an answer, if you lack sufficient information to admit or deny specific allegations, you should respond by stating that you lack knowledge or information sufficient to form a belief about the truth of the allegations, and therefore deny them. This avoids admitting the allegations by default and protects the responding party’s position.
An appellate brief should include a summary of the case history and procedural posture to provide context for the appellate court. It should focus on the issues being appealed and relevant legal arguments. Unrelated legal issues, personal opinions, and verbatim transcripts are not appropriate or necessary for the brief.
