Where the motion fits in a case
A summary judgment motion usually comes after the parties have exchanged documents and taken depositions, when the record is developed enough to test. It can target an entire case, a single claim, or a single issue such as liability, leaving damages for later. In New York state court, the filing deadline is tied to the note of issue, and courts enforce it strictly unless the party shows good cause for the delay. Federal courts operate under their own rule and each judge's individual practices, which sometimes require a pre-motion letter or conference. Missing the deadline can mean an issue goes to trial whether or not the facts are really disputed.
Building or answering the papers
The motion is decided on paper, so the evidence attached to it is what counts. Affidavits from people with personal knowledge, deposition transcripts, authenticated documents, and reports from retained witnesses are the usual building blocks. A party opposing the motion generally cannot rely on the allegations in its own pleading or on general denials; it has to point to admissible evidence that creates a real factual dispute. A sworn statement that contradicts the same person's earlier deposition testimony is often given little weight. If discovery you need is still outstanding, that can sometimes be raised as a reason the motion is premature, but the missing evidence has to be identified specifically.
Decisions we make with you
If you are the moving party, we weigh whether the motion is strong enough to justify its cost and whether it might preview your trial strategy for the other side. If you are opposing, we identify which facts are truly contested and gather the evidence that shows it, because a thin opposition can end a case that deserved a trial. Courts sometimes grant part of a motion and deny the rest, which can narrow the trial and change the settlement conversation. In New York, many orders on these motions can be appealed to the Appellate Division before trial, while federal practice is more limited. We go over the timetable, the record, and the options so the choice fits your goals and budget.
