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Training Guide

Summary Judgment Briefing Strategies


Training Guide

Summary Judgment Briefing Strategies

Motion Practice
Remote or in person

What’s Covered

  • Whether to move for summary judgment
  • Drafting strategies for both sides
  • Choosing arguments 
  • Choosing evidence
  • Tips for opposing the motion

Before the Session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

During the Session

Part 1: Knowledge Check
Ask attendees these questions to ensure they understand the topic:
  • What factors should you consider when deciding whether to move for summary judgment?
  • When you’re the moving party, what strategies can you use to identify your strongest arguments?
  • If you disagree with how the other party characterized the facts in their opposition brief, what are some strategies you can use in your reply brief to avoid conceding factual disputes?
  • Why is the legal standard your friend when you’re opposing summary judgment? What can you do to use this to your advantage?
Part 2: Group Exercise
Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.
Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics
Share your own experiences and guidance, including:
  • Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
  • General practice tips (dos and don’ts)
  • Firm-specific guidance and practices

After the Session

To continue their learning, attendees can check out related courses in Hotshot’s Motion Practice topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.

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