- 1). Take a copy of the motion for summary judgment to your lawyer or seek legal assistance from legal aid. Legal aid offices provide free legal services or legal referrals. The party that files the motion is the moving party and the party that defends against the motion is the non-moving party.
- 2). Read the entire document and highlight the other party's argument in favor of a motion for summary judgment. The argument will state that no genuine dispute exists. No genuine dispute means no legal justification to proceed and no legal reason to go to trial. The court can decide the case on the pleadings alone.
- 3). Answer the motion for summary judgment with amended or supplemental pleadings to the court. An amended pleading to the court means that you submitted earlier documentation to the court and now you wish to amend the document to include more facts. A supplemental pleading to the court means that you submitted documentation to the court previously and you wish to add additional supporting documentation, statements or evidence.
- 4). Review the state rules of civil procedure.The rules explain how to submit amended and supplemental pleadings to the court. A court may automatically accept an amended pleading, or answer, within 20 days of the original motion being filed. Alternatively, you may have to submit a motion to amend or supplement an answer within a set time frame.
- 5). Respond to the motion for summary judgment with a "Motion to Deny the Motion for Summary Judgment", the amended or supplemental pleadings and factual evidence that a valid legal dispute exists. Affirm or deny each statement raised in the motion for summary judgment. Include a statement of applicable state law based on case facts.
- 6). Submit the response to the motion for summary judgment to the court, with supporting documentation. Make sure the document is correctly titled, as a "Motion to Deny the Motion for Summary Judgment", an amended answer or a supplemental answer. Take two copies to the court. File one copy. Keep one copy for your files. Ask the court to conform your copy or stamp it as filed. Pay the applicable fee. Serve a copy to the moving party.
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