Writing a Successful Brief in Support of a Summary Judgment
There are many ways to write a successful summary judgment brief, but there are some common best practices you can utilize to help you. Here is a look at our process:
I. Introduction
This is your first impression. Do not start with the “Plaintiff moves for…” Everyone knows what this brief is for. Instead, provide an argument with a roadmap of your argument. Get creative. Do not phone this in because this serves as an orientation for your reader.
II. Understanding the Legal Standard and Issue Statements
The issue statements are key. Use good issue statements that have a structure to them. Brian Garner has good, in-depth discussions on this in the “Redbook.” Essentially, describe the precedent, include some facts, and end with a question with an obvious answer in your favor.
As to the legal standard, make sure you get one that is relevant to your position. Find something else than Celotex Corp. v. Catrett. There are more persuasive standards out there.
III. Essential Components of a Summary Judgment Motion
A. Title and Introduction
- This is discussed more above, but focus on having a clear title and case caption.
- Concise, but argumentative introduction stating the basis for the motion and orienting your reader.
B. Statement of Undisputed (or Uncontroverted) Material Facts
- This is the backbone of the motion. List the relevant facts and be somewhat argumentative here, but stick to provable facts. Be sure to review your judge’s practice pointers for specific formatting. Cite to the record for each fact (depositions, affidavits, exhibits).
C. Standard of Review
- Briefly state the applicable legal standard for summary judgment.
- Reference relevant procedural rule and controlling case law.
D. Legal Argument
- Organize argument by claim, defense, or legal element. Make your headings persuasive, but simple. This is vital to keep your reader from getting lost. Make sure to have good topic sentences that spell out what you are going to write.
- Apply law to the undisputed facts using a logical structure such as IRAC or CREAC.
- Our personal preference is CREAC because it allows you to get right into it with your topic sentence and keep your reader engaged.
- Use recent, controlling case law, especially with similar fact patterns. Spend the time researching this!
- Anticipate and address opposing arguments when possible. But do not spend too much time on this; you can address most of it in reply.
E. Conclusion
- Restate the relief requested and succinctly summarize why summary judgment is warranted. DO NOT just say “For all the foregoing reasons . . .” This is your last impression. You can write a new conclusion that summarizes your argument, or you can repurpose your introduction if it is good.
IV. Drafting and Writing Techniques
- Use clear, concise language—avoid unnecessary legalese.
- Be consistent.
- Keep paragraphs short and focused.
- Use topic sentences
- Use strong, attention-grabbing introductions or topic sentences.
- Avoid repetition of facts in both the statement of facts and the argument section, but do not forget the application.
- In case you missed it by now, USE TOPIC SENTENCES. They are essential to keep your reader oriented and engaged.
V. Practical Tips
- Check and follow all local rules and judge-specific preferences for formatting and filing.
- Research your opponent’s briefs using something like Westlaw’s Litigation Analytics.
- Proofread for accuracy, clarity, and compliance. Use something like Grammarly or our favorite, BriefCatch, to help you.
- Use Westlaw’s QuickCheck to ensure you have your quote and cites right.
- Use simple and concise words.
- Justify the writing and font.
- Lay off heavy use of idioms.
VI. Common Pitfalls to Avoid
- Failing to cite the record for each fact. Do not skip this because this is an easy attacking point for your opponent.
- Including disputed or argumentative facts in the statement of facts. You can be somewhat argumentative but be sure it is tied to a logical conclusion supported by the facts. Oftentimes, the facts sections do not count towards page limits, and this is a sneaky way to get in your argument.
- Overloading the motion with unnecessary issues—focus on winnable points. This also helps save precious page limit space.
- Saving key arguments for the reply brief instead of the initial motion.
Hopefully, these tips will help you in the future. As always, you can reach out to us for further questions, or we can just write the brief for you!
Notable Court Action
The Northern District of Texas has issued a standing order on the use of AI in legal filings, reflecting the judiciary’s increasing engagement with this technology. The order recognizes AI’s potential to improve legal research and expand access to justice, especially for pro se litigants, but also highlights the serious risks posed by “AI hallucinations”—the fabrication of fake or inaccurate case citations. To address these risks, the court now requires any brief prepared using generative AI to disclose this fact on the first page, in accordance with Local Civil Rule 7.2(f). If the presiding judge so directs, parties must also identify which sections were AI-generated. The order further clarifies that parties who omit this disclosure are certifying that no part of their filing was prepared using generative AI.
In addition to disclosure, the order emphasizes that attorneys and litigants remain fully responsible for verifying the accuracy and validity of all cited legal authorities, regardless of whether AI tools were used. Relying on AI-generated content without independent verification may violate Federal Rule of Civil Procedure 11 and expose parties to sanctions for submitting baseless or fictitious citations. The court stresses that “the use of artificial intelligence must be accompanied by the application of actual intelligence in its execution,” underscoring that AI should augment—not replace—professional judgment and due diligence. Attorneys should consult the standing order and ensure strict compliance with both the disclosure requirements and their ongoing ethical obligations when incorporating AI into their legal practice.
Hat tip to Jason Wilson for alerting legal writing enthusiasts to the standing order on LinkedIn!
Neven and Brendan Present to Hennepin and Ramsey County Bar Associations on AI and Legal Writing
The 2025 Minnesota CLE Solo & Small Firm Summit, taking place August 3–5 in Duluth, is the premier annual event for solo and small firm attorneys in Minnesota. We are excited to announce that Neven and Brendan will have a table at the Summit to showcase Hellmuth & Johnson’s specialized services for small and solo firms. We offer expert support in business litigation, appeals, and legal writing, combining deep experience with cutting-edge technology and AI tools to deliver persuasive, high-quality briefs and appellate work. We focus on clarity, storytelling, and continuous improvement—helping fellow attorneys elevate their written advocacy while freeing up time to focus on their clients and business. Stop by our table to learn how we can help your practice thrive through strategic, tech-enabled legal-writing support.
You can find more information about the small firm summit here.
May’s Cool (and Not Necessarily New) Tech Tool and Recommendation
Free AI Diagram Generator: Diagram Generator is a free AI-powered web application that enables users to easily create a wide variety of diagrams, including flowcharts, sequence diagrams, class diagrams, state diagrams, Gantt charts, mind maps, network diagrams, ER diagrams, UML diagrams, Venn diagrams, and Sankey diagrams, with upcoming support for Lewis and block diagrams. The platform is designed to help users visualize processes, workflows, system architectures, project plans, database relationships, and more, making it a versatile tool for both technical and non-technical diagramming needs.
Podcast/Media of the Month
069. Document Automation Secrets for Small Law Firms with Quinten Steenhuis, The Agile Attorney Podcast
Host John E. Grant and Quinten Steenhuis, co-director of the Legal Innovation and Technology Lab at Suffolk Law School and owner of Lemma Consulting, discuss practical strategies for implementing document automation in small law firms. They explore the challenges and opportunities of turning routine legal documents into automated, repeatable templates. Together, they examine how document automation and generative AI can streamline legal workflows, improve efficiency, and enhance client service for firms of all sizes, offering insights for lawyers seeking to adopt technology without overcomplicating their processes.
Law Journal Article
“Generative AI for the Energy Law Practitioner” (Carolyn Elefant)
GenAI is fundamentally transforming the practice of energy law by introducing tools that streamline regulatory compliance, contract drafting, litigation, and public participation. Unlike earlier legal technologies that merely automated tasks, GenAI enables lawyers to synthesize vast regulatory data, draft complex documents, and democratize access to legal expertise, especially for marginalized stakeholders. As agencies increasingly integrate AI into decision-making, lawyers should advocate for transparency, due process, and human oversight, ensuring that the transformative potential of GenAI benefits the energy sector without compromising ethical and legal standards.
