What is the process for filing a motion for summary judgment in a business litigation case?

Filing a motion for summary judgment in a business litigation case in California begins with the preparation of a memorandum of points and authorities. This document outlines the relevant law and facts that support the motion. It must also include declarations which attest to the truthfulness of the facts asserted and must be signed by the party filing the motion. Once the memorandum is completed, the motion must be properly served on all parties to the case, as prescribed by the court’s local rules. The motion must then be filed with the court and a copy must be provided to all parties. The court will then set a hearing date and consider any opposition to the motion. The court will then render a decision either ‘granting’ the motion and entering judgment in favor of the filing party, or ‘denying’ the motion, in which case the matter will proceed to trial. Summary judgment is a powerful tool that can be used to quickly dispose of cases where there is no dispute of material facts. If granted, summary judgment can significantly reduce the time and cost associated with litigation. As such, parties should take careful consideration when preparing and filing motions for summary judgment to ensure that all the necessary evidence has been properly presented to support the motion and give the party the best chance of success.

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What is the process for filing a motion for summary judgment in a business litigation case?

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