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Suppose your witness made a mistake during his deposition (he seemed to have unwittingly contradicted earlier testimony) because the opposing counsel asked a very confusing question. The consequences of not following up with your witness could be costly. When relying on deposition testimony to support your motion, it can become critically important to have followed up and made sure your witnesses have corrected and returned their deposition signature pages to you with any changes, and that those changes get back to the court reporter timely. Know and follow the rules of evidence relating to expert testimony, hearsay and authentication. Attach affidavits and written declarations made by competent witnesses based on personal knowledge.
JMOL RULE 50 TRIAL
Make surethe evidence supporting your motion is admissible at trial or capable of being presented in an admissible form. A summary judgment ruling that relies on inadmissible evidence may be overturned on appeal. Support the motion with admissible evidence, and object when your opponent does not do so. A movant who asks for too much may get nothing in the long run. Trying to “prove too much” by adding extra facts or legal arguments gives the opposing side a larger target to attack, both in the trial court and on appeal. Summary judgment motions are most likely to succeed when they focus on narrow legal theories with the fewest possible facts. Use requests for admission and interrogatories strategically to force the disclosure of critical information and to head off factual disputes. Consider deposing witnesses early when they are more likely to give straightforward answers. Identify the elements of the case and focus on getting discovery in those areas. Here are some suggestions for stacking the deck in your favor.Įvaluate summary judgment opportunities early and develop a discovery plan to obtain needed evidence. Written By: Eileen GilBride, Justin Ackerman, Jennifer Anderson & Jonathan Barnesīecause summary judgment Rulings are reviewed under a de novo standard, they are one of the most common types of orders overturned on appeal. Wrongful Death & Personal Injury Defense.Insurance & Third-Party Liability Coverage.Bad Faith & Extra-Contractual Liability.