![]() ![]() In Missouri, however, summary judgment is governed under Rule 74.04. In the federal courts, Federal Rule 56 governs the summary judgment standard. For example, in a breach of contract case, a plaintiff may obtain summary judgment on the issue of breach, but the court could still hold a trial on the issue of damages. It can pertain to the entire lawsuit itself, or it can pertain to a single substantive issue. Simply put, a summary judgment is a judgment entered without a trial. This is certainly self-explanatory for any lawyer: the most important thing you can do before preparing a summary judgment motion is understand the law that sets out the procedure. (Just looking for a quick refresher? Jump to the end for a step-by-step guide on how to draft a summary judgment motion in Missouri.) Understanding the Law And in my short time since I began practicing law, I’ve already seen opposing counsels make the fatal mistake of failing to subscribe to it. In Missouri, knowing the applicable law is critical to learning this framework. Where it all begins though, is understanding the required framework for drafting this motion. ![]() There are key aspects to the motion that first year associates should learn to start looking for, such as knowing the right time to file and the facts you will rely on as the basis for the motion. But what I’ve come to learn in actual practice is that understanding the dos and don’ts of drafting the motion is a skill that is learned through careful guidance from senior attorneys, a little bit of patience, and some trial and error. ![]() Law students are introduced to the basics of the summary judgment standard in their 1L Civil Procedure class, and-depending on what route you took through law school-reacquainted with the standard when preparing for the bar exam.Īfter three years of school and a summer of studying, any law school graduate can likely rattle off the summary judgment standard without missing a beat. As a first-year associate, the responsibility of drafting your first motion for summary judgment is daunting. ![]()
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