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Drafting a Successful Massachusetts Motion for Summary Judgment or Opposition
June 01, 2016
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Updated August 3, 2020 A memorandum in support of, or in opposition to, a motion for summary judgment should be drafted to convey to a busy judge, in the most efficient and convincing way possible, why the motion should be granted or denied. Although this article focuses on summary judgment in the Massachusetts Superior Court, many of the observations are equally applicable to summary judgments filed in other Massachusetts courts. Know your audience. A motion for summary judgment is directed to a special audience (the judge) and must present both the facts and the law in a manner calculated t
Continue Reading →Drafting a Rule 9A Statement of Facts for Your Massachusetts Motion for Summary Judgment
June 01, 2016
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Updated August 24, 2020 Superior Court Rule 9A(b)(5) requires that a motion for summary judgment be accompanied by a “statement of the material facts as to which the moving party contends there is no genuine issue to be tried” (“Statement of Facts”). The purpose of the Statement of Facts is to assist the judge in determining whether there exist any genuinely disputed material facts. With that purpose in mind, consider the following requirements and suggestions when drafting your next Statement of Facts: Rule 9A(b)(5)(i) limits the moving party’s Statement of Facts to 20 pages. Rule 9A(b
Continue Reading →A Persuasive Appellate Brief Requires an Effective Argument Section (Appellate Brief Series Part 6)
September 18, 2015
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Updated: August 24, 2020 This article appears substantially as published in the July 30, 2015, issue of the Massachusetts Lawyers Weekly. Attorney Manwaring writes the newspaper’s Appellate Issues column, which is devoted to matters arising from the appellate process. While each section of your brief must be drafted with care and creativity, the other sections set the stage for an effective Argument. It is in the Argument section that you explain the law and show how that law requires a ruling in your client’s favor. In the one-third of appeals which are decided without oral arg
Continue Reading →Follow the Statement of Issues With a Strong Statement of the Case (Appellate Brief Series Part 5)
February 18, 2015
advice, appeal, appellate brief, drafting, drafting advice, legal research and writing, massachusetts, writing
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Updated: August 24, 2020 This article appears substantially as published in the January 22, 2015, issue of the Massachusetts Lawyers Weekly. It has been modified where necessary to reflect changes in the Massachusetts Rules of Appellate Procedure. Attorney Manwaring writes the newspaper’s Appellate Issues column, which is devoted to matters arising from the appellate process. Having drafted an effective statement of issues for your appellate brief (the subject of my Aug. 18, 2014, column), your next task is to present the facts of the case. How you present the facts in your appell
Continue Reading →Get Off to a Good Start With a Strong Statement of Issues (Appellate Brief Series Part 4)
November 22, 2014
advice, appeal, appellate brief, drafting, drafting advice, legal research and writing, massachusetts, statement of issues, writing
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Updated: August 24, 2020 This article appears substantially as published in the August 18, 2014, issue of the Massachusetts Lawyers Weekly. Attorney Manwaring writes the newspaper’s Appellate Issues column, which is devoted to matters arising from the appellate process. My last column concerned how to ensure that a brief complies with the appellate rules. Here, the topic is the importance of drafting a clear and persuasive statement of issues. A carefully drafted statement of issues is critical to the success of your appellate brief. An Appeals Court judge probably knows little
Continue Reading →Writing a Brief? Know the Technical Requirements. (Appellate Brief Series, Part 3)
June 20, 2014
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Updated: August 24, 2020 This article was originally published in the June 16, 2014, issue of the Massachusetts Lawyers Weekly, but has been edited to reflect later changes in applicable rules. Attorney Manwaring writes the newspaper’s Appellate Issues column, which is devoted to matters arising from the appellate process. Having completed your research and other preparations, you are now ready to begin drafting a concise and compelling appellate brief. Before you start typing, however, review the Massachusetts Rules of Appellate Procedure and Appeals Court Rules, which contain d
Continue Reading →Steps to Take Before You Write (Appellate Brief Series, Part 2)
April 08, 2014
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Updated: August 24, 2020 This article appears substantially as published in the April 7, 2014, issue of the Massachusetts Lawyers Weekly. It has been modified where necessary to reflect changes in the appellate rules. Attorney Manwaring writes the newspaper’s Appellate Issues column, which is devoted to matters arising from the appellate process. In my last column (March 3), I suggested that you can draft a more effective appellate brief by keeping in mind the unique needs and expectations of Appeals Court judges. Now we’ll look at how advance preparation pays big dividends. The
Continue Reading →In Drafting Your Massachusetts Appellate Brief, Step 1 is Know the Audience (Appellate Brief Series, Part 1)
March 03, 2014
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Updated August 24, 2020 This article appears substantially as published in the March 3, 2014, issue of the Massachusetts Lawyers Weekly. Attorney Manwaring writes the newspaper’s Appellate Issues column, which is devoted to matters arising from the appellate process. A case before the Massachusetts Appeals Court is a high-stakes endeavor. It usually represents the appellant’s last chance to obtain a favorable result. Conversely, the appellee’s success in the trial court is worth nothing if overturned on appeal. Whether you represent the appellant or appellee, your appellate brief of
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