- 1). Start by writing a rebuttal to the summary judgment. Your response must outline your position and evidence to support the reversal of the judgment. Evidence must include material facts that can be introduced to counter the information provided that supported the summary judgment in the first place.
- 2). In your response, you should reference specific case law that provides a rebuttal precedence in an issue similar to your own.
- 3). Organize and include all relevant evidence for your response. This can include affidavits, depositions, declarations and other statements of fact. For example, if the judgment is against you for a credit card debt and you have proof of payment, include a copy of the cancelled check or bank statement.
- 4). Contact your clerk of court for filing fees, response time and to whom your response should be directed. Some states have a time limit on responding to summary judgments, and many courts have filing fees. Depending on the subject of the summary judgment, you may need to direct your response to a particular division. As an example, a traffic judgment should be directed to the traffic division.
- 5). File your written response with all appropriate evidence with the clerk of court where the summary judgment was entered. The response and appeal will be considered unless the final summary judgment was issued; the case may ultimately go to trial.
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