Detailed Rule 56 Motion Support: A Comprehensive Guide

Summary judgment practice under Federal Rule of Civil Procedure 56 demands precision at every stage. A single unsupported fact, a missing exhibit, or an inaccurate citation can mean the difference between prevailing on a motion and having it denied. This guide details our complete 15-step process for Rule 56 motion support.

Step 1: Record Review and Organization

Every engagement begins with a comprehensive review of the case record. We ingest all available materials: deposition transcripts, document productions, interrogatory responses, requests for admission, expert reports, and prior filings. Each document is indexed, OCR-processed where necessary, and made searchable.

The output is a structured case database that enables rapid citation and cross-referencing throughout the remaining steps. This is not a cursory review. We read the record so you can focus on strategy.

Step 2: Statement of Undisputed Material Facts (SUMF)

We draft a proposed statement of undisputed material facts organized by claim element. Each numbered paragraph contains a single factual assertion supported by one or more pinpoint citations to the record.

Our approach emphasizes:

One fact per paragraph for clarity
Multiple supporting citations where available
Organization that tracks the legal standard
Language that mirrors the summary judgment standard (“there is no genuine dispute that…”)

Step 3: Response to Opposing Party’s SUMF

When responding to the movant’s statement of facts, we analyze each asserted fact against the full record. For each fact, we determine whether to admit, deny, or qualify. Every denial is supported by specific contradicting evidence with pinpoint citations.

We flag facts that are technically accurate but misleading, drafting responses that provide necessary context without appearing evasive.

Step 4: Statement of Disputed Material Facts

For the non-movant, we prepare a separate statement identifying additional material facts that preclude summary judgment. Each fact is selected because it creates a genuine issue for trial on a specific element of a claim or defense.

We prioritize facts supported by the strongest evidence: admissions, undisputed documents, and testimony from disinterested witnesses.

Step 5: Response to Statement of Disputed Facts

We draft the movant’s response to the non-movant’s additional facts, identifying which are immaterial, which lack adequate evidentiary support, and which are actually undisputed when properly characterized.

Step 6: Affidavits and Declarations

We prepare draft declarations under 28 U.S.C. 1746 for relevant witnesses. Each declaration is structured to:

Establish personal knowledge for each assertion
Address specific elements of the claims or defenses
Authenticate documents where necessary
Fill evidentiary gaps identified during the SUMF process

All declarations are drafted for attorney review and witness approval. We never file declarations without client authorization.

Step 7: Deposition Excerpt Identification

We review all deposition transcripts and identify testimony relevant to the motion. Each excerpt is tagged by topic, witness, and the specific fact it supports. We generate excerpt packages organized by argument section, making it easy for the brief writer to find supporting testimony.

Step 8: Deposition Excerpt Preparation

Beyond identification, we prepare properly formatted excerpt documents for filing. This includes cover pages, witness identification, and pagination that complies with local rules. Excerpts are organized for the court’s convenience, not just the filing party’s.

Step 9: Exhibit Preparation

Every document cited in the motion must be properly presented as an exhibit. We prepare each exhibit with:

Bates number identification
Authentication path (who can authenticate, how)
Relevance to specific facts in the SUMF
Proper formatting per local rules

Step 10: Exhibit List Compilation

We generate a comprehensive exhibit list cross-referenced to the brief and statement of facts. The list identifies each exhibit by number, description, source, and the paragraphs of the SUMF or brief where it is cited.

Step 11: Citation Checking

Every citation in the brief, SUMF, and supporting documents is verified against the source material. We confirm:

Pinpoint page and line references are accurate
Quoted language matches the source exactly
Parenthetical descriptions are fair and accurate
Signals (e.g., “see,” “cf.”) are appropriate

This is human-verified work. AI assists with the initial cross-referencing, but a trained reviewer confirms every citation.

Step 12: Formatting and Local Rule Compliance

Each district and division has specific formatting requirements for summary judgment motions. We format all documents to comply with applicable local rules, including:

Page limits and font requirements
Statement of facts format (separate document vs. incorporated)
Exhibit filing procedures (appendix vs. individual attachments)
Electronic filing specifications

Step 13: Filing Package Assembly

We assemble the complete filing package in the order required by the court’s electronic filing system. This includes the motion, memorandum in support, statement of facts, declarations, exhibits, proposed order, and any required certificates.

Each document is named according to court conventions and organized for efficient filing.

Step 14: Strategic Consultation

Throughout the process, we are available for strategic consultation on evidentiary issues, fact characterization, and organizational decisions. We do not practice law or provide legal advice, but we offer experienced litigation support perspective on how to present the record most effectively.

Step 15: Filing Support

We provide filing support including final review of the complete package, verification that all cross-references are accurate, and confirmation that the package complies with all applicable rules and standing orders.

Turnaround and Pricing

Standard Rule 56 motion support is delivered in 5-7 business days from receipt of a complete record. Expedited service is available for 3-day turnaround. Pricing depends on record volume and complexity. Contact us for a quote.

Getting Started

Ready to hand off your next Rule 56 motion? The process is straightforward:

Schedule a consultation for a 30-minute scope call
Provide access to the case record
Receive your deliverable package, ready for attorney review

Every deliverable is AI-accelerated and human-verified. We handle the volume so you can focus on the strategy and advocacy that win motions.

Learn more about our services or get in touch to discuss your matter.