A motion for summary judgment is a powerful weapon. Obtaining summary judgment ends the litigation, avoiding the expense of a trial when the case presents no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Even a partial summary judgment can simplify the issues remaining for trial.
My summary judgment drafting services.
I have more than 25 years’ experience in drafting motions for summary judgment and oppositions to such motions. If you don’t regularly handle motions for summary judgment, or just lack the time to prepare the complex papers associated with such a motion, consider outsourcing the research and writing to me.
Unlike some who offer this type of service, I’m a local attorney, licensed to practice in Massachusetts, and can meet personally with you to discuss your project.
I can help you prepare a motion/opposition which satisfies Mass. R. Civ. P. 56, governing summary judgment. In addition, a motion for summary judgment filed in the Massachusetts Superior Court must comply with the detailed directives of Superior Court Rule 9A, which specifies the form and content of a motion filed in that court, and governs service and filing. The Massachusetts Probate and Family Court and the Massachusetts Land Court impose similar, though not identical rules for summary judgment. See Mass. Gen. Prob. Ct. Rule 27C ; Mass. Land Ct. Rule 4.
The summary judgment or opposition drafting process.
We’ll work closely together throughout the process, starting by discussing the relevant facts of the case and the arguments which should be included in the motion/opposition.
I’ll review the documentary evidence, discuss with you avenues for legal research, and then research the legal issues we’ve identified. The results of that research will further refine, and perhaps add to, the arguments to be made in your motion/opposition.
I’ll then prepare drafts of the all the required documents, including, for the moving party:
- The motion for summary judgment;
- A separate memorandum stating the reasons, including supporting authorities, why the motion should be granted;
- A statement of material facts as to which the moving party contends there is no genuine issue to be tried (“SOF”);
- A joint appendix of exhibits (“Joint Appendix”) supporting the motion and any opposition;
- An affidavit authenticating the exhibits in the Joint Appendix on which the moving party is relying.
If you represent the opposing party, I’ll prepare drafts of:
- A memorandum in opposition to the motion;
- Responses to the moving party’s SOF;
- A statement of additional undisputed material facts, added as a continuation of the SOF; and
- Any additional exhibits referred to in the opposing party’s papers, and an index thereto, for inclusion in the parties’ Joint Appendix.
After you review and comment on the drafts, I’ll prepare final documents, including all required citations, tables and cross-referencing, and provide them to you in Word format for filing and service. Throughout the process, you retain control, determining the extent of my services and approving all documents.
Even if you intend to draft the motion or opposition yourself, I can help by researching a discreet issue or by editing a document you write.
Benefits of outsourcing your Massachusetts motion for summary judgment or opposition.
By having me draft your Massachusetts appellate brief, you:
- team up with an attorney familiar with the summary judgment procedure;
- save time and take control of your schedule;
- save your client money by having the motion/opposition prepared more efficiently than you could yourself;
- make more money by adding a reasonable premium to what I charge;
- take advantage of legal research resources you may not have yourself, including my extensive flat rate Westlaw plan (there is no charge to you for use of databases covered by the plan);
- maintain your relationship with your client, with whom I have no contact.