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How to Defend Against a Motion for Summary Judgment

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    • 1). File a motion in response to the motion for summary judgment. You file in the clerk's office of the courthouse where the lawsuit is pending. This will be in the district where you live if the matter is in federal court, or the city or county where you live if in state court. Attack the contention that there is no dispute about any material fact, or show that the other side is incorrect as to the applicable law.

    • 2). Attach supporting documentation such as witness statements from depositions or affidavits from your own witnesses in your defense motion, as well as citations referencing applicable case law.

    • 3). Argue orally before the court if given the opportunity. Raise at least a small inconsistency or ambiguity in the other side's case, because all reasonable doubts will be resolved in your favor.

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