Article by Holly Olarczuk-Smith, Esq.
In the realm of civil litigation, summary judgment motions are powerful tools that can significantly shape the outcome of a case. However, navigating the complexities of summary judgment requires careful attention to detail and adherence to procedural rules and court scheduling orders. Failure to comply with these rules and orders can result in costly mistakes that jeopardize the success of your case. In this article, we will discuss some common pitfalls to avoid when dealing with summary judgment motions.
- Failure to Disclose Expert Reports: One critical error that litigants often make is neglecting to disclose expert reports as required by civil rules and court scheduling orders. Expert testimony can be pivotal in supporting your arguments or refuting those of the opposing party. Failing to disclose these reports not only violates procedural rules but also undermines your credibility and legal strategy.
- Untimely Filing of Opposition to Summary Judgment: Time is of the essence when responding to a summary judgment motion. Failing to file your opposition in a timely manner can severely limit your ability to present your case effectively. Courts typically have strict deadlines for filing oppositions, and missing these deadlines can result in your arguments being disregarded or deemed untimely.
- Lack of Request for Extension or Excusable Neglect: In situations where unforeseen circumstances prevent you from meeting deadlines, it is essential to request an extension or demonstrate excusable neglect. Ignoring deadlines without proper justification reflects poorly on your diligence and professionalism. Courts may be more inclined to grant leniency if you promptly address any issues that arise and provide valid reasons for the delay.
- Failure to Authenticate Expert Reports: Merely disclosing expert reports is not sufficient; they must also be properly authenticated as required by civil rules. An expert report generally contains critical information about the expert witness’s qualifications, factual evidence, methodologies and opinions. The procedure for authenticating an expert report is to incorporate it by reference in a properly framed affidavit. Failing to authenticate expert reports can render them inadmissible and weaken your case.
- Inadequate Presentation of Admissible Evidence: When opposing a summary judgment motion, it is crucial to present admissible evidence that meets the standards for summary judgment quality. This includes testimonial evidence, documentary evidence, and other forms of proof that are relevant, reliable, and properly authenticated. Failing to provide sufficient evidence to support your arguments can result in the court granting summary judgment in favor of the opposing party.
Navigating summary judgment proceedings requires meticulous attention to detail and strict adherence to procedural rules and court scheduling orders. By avoiding common pitfalls such as failing to properly disclose expert reports, untimely filing of opposition, neglecting to request extensions, inadequate authentication of evidence, and presenting insufficient evidence, you can enhance your chances of achieving a favorable outcome in your case. Always consult with experienced legal counsel to ensure that you comply with all relevant rules and procedures and effectively advocate for your rights in court.