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The court has sent me instructions on how to respond to

summary judgement. I am not...
The court has sent me instructions on how to respond to summary judgement. I am not sure how to follow this format? Please Advise?
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Answered in 1 hour by:
1/17/2018
James Daloisio
Category: Criminal Law
Satisfied Customers: 232
Experience: 30 years experience in criminal law, continuing education.
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This is a standard notice with pro se attachment. I am not sure what you mean by "not sure how to follow this format." What the notice directs you to do is to file your response to the motion, and to annex to your response, in a three column format as shown on page 3 of the notice, a chart of sorts.

You'd prepare a standard motion response, and you would attach to this response a separate document entitled "Response to Proposed Undisputed Facts." This is the three column chart as shown in the notice on page 3.

Column 1 is the same as the moving party's column 1;

Column 2 states whether the fact in column 1 is disputed or undisputed and if disputed, exactly what is in dispute, and why;

and Column 3 states the evidence or objection you are relying on to dispute the fact in column 1, with a brief explanation.

Note that the notice specifically directs that no legal argument shall be included in this document.

The trick here: sometimes the moving party will omit a fact that might be in dispute. If this is the case, then you should include any material fact in dispute that is not on the moving party's "Proposed Undisputed Facts" list in the body of your motion response, NOT in the 3 column document.

You should respond to each proposed undisputed fact in the moving party's motion. Column 3 should clearly demonstrate that you have evidence to dispute a material fact, or you have a valid objection to the movant's evidence.

Don't overthink the format issue. The court is just asking for a format that makes it easier to see and compare the parties' positions. The key to this type of response is to be brief. The court doesn't want to know all about the case. Only that there is at least one material fact in dispute. Use the movant's motion as your guide, as you are responding to the moving party's allegations.

That's the best advice I can give you on this. If I had to pick one item as the most important consideration, I'd say make it simple to read. Keep it brief and to the point. Also, it's been my experience that pro se litigants have the most trouble with the concept of "materiality." You can have a dozen facts in dispute but they will only help you if they are "material," i.e., something that is important enough to the case that it could possibly affect the outcome.

Hope that answered your question. If so please don't forget to rate this answer. Thank you.

James Daloisio
Category: Criminal Law
Satisfied Customers: 232
Experience: 30 years experience in criminal law, continuing education.
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Customer reply replied 1 month ago
I do not know how to type a word document with the example thats shows the 3 columns.
What would the title of my first page be -- Response to Summary Judgment and explain why i feel it is disputable correct?
Can I call you?
Phone call session started
Customer reply replied 1 month ago
Am I allowed to use legal argument in my summary. of the answer to summary judgement?
Your response should include the law that supports your position.
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