Civil Procedure
Sep. 9, 2026
Summary judgment strategy: Write the separate statement for two audiences
An ironclad separate statement of undisputed material facts can persuade the court while giving opposing counsel a sobering perspective on the strength of the case.
Marshall J. Shepardson
Senior Motion and Appellate Counsel
Fraser, Watson & Croutch, LLP.
New York Univ SOL; New York NY
The audience for every motion for summary judgment will include a judge and maybe a clerk or briefing attorney. However, the primary audience, who will read the motion earliest and most intently, is the opposing attorney. Winning over that hostile audience is the writer's opportunity to prevail without a costly contest. A movant may ultimately need to persuade the court that the case has no merit, but the best possible outcome is to persuade opposing couns...
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