Stated different, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.

The response to the Motion must be filed at least 7 days prior to any hearing. The Response should contain an affidavit specifically creating a fact issue in the case.

A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.

The key to defeating a motion for summary judgment is to show the court that there are still facts in dispute. Summary judgment is only appropriate if none of the facts are disputed.

If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.

If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.

The response to the Motion must be filed at least 7 days prior to any hearing. The Response should contain an affidavit specifically creating a fact issue in the case.

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