Lisa M. Szyc | Backus Burden Law

I graduated with a B.A. in Political Science from the University of Nevada Las Vegas. I attended law school at North Carolina Central University School of Law. I was admitted to the Nevada bar in 2009.

Over the years I have practiced in the areas of criminal defense, family law and general civil liability. I have extensive bench and jury trial experience and think being a litigator is one of the best parts of being a lawyer.

When I am not advocating for my clients, I am actively involved in giving back to my community in various philanthropic endeavors.

I. Summary Judgment is for Both Plaintiff & Defendants | 2:00pm – 2:05pm

II. Discovery: | 2:05pm – 2:20pm

• Know the elements of your causes of action /or defenses
• Conduct discovery in a way that is tailored to those elements or defenses
• Focus on the facts of the complaint

III. What is the Summary Judgment? | 2:20pm – 2:35pm

• FRCP 56-
• It can be full or partial
  • What does this mean? And why is this important?
• No genuine dispute of material facts
• Entitled to judgment as a matter of law

IV. Burden of the Moving Party (as to material facts) | 2:35pm – 2:45pm

• Burden of showing no genuine issues of material fact
• Material fact defined?

V. Burden of the Nonmoving Party? (there is a shift) | 2:45pm – 3:00pm

• Must do more than show metaphysical doubt Orr v. Bank of Am., NT & SA, 285 F.3d764, 783 (9th Cir 2002)
• Mere existence of a scintilla of evidence in support of position will be insufficient Anderson v Liberty Lobby, Inc. 477 U.S. 242, 248 (1986)

Break | 3:00pm – 3:10pm

VI. How do I decide which facts are “Material”? | 3:10pm – 3:15pm

VII. Admissibility of material facts? | 3:15pm – 3:30pm

• Opposing party’s reliance on inadmissible hearsay to survive summary judgment – Why is this important when drafting a motion?

VIII. Drafting the Motion: Applying the facts to the law is the crucial part of drafting | 3:30pm – 3:50pm

• Focus on the Facts
  • This is where you will or lose your motion
  • Be direct and sufficient
  • Cite to the record
  • Do not leave anything out
• Legal Argument
  • Clear and concise headings
  • Set forth the standard
    1. Tell the court why you are entitled to summary judgement
  • Set forth your argument- As clearly as possible
    1. Apply the facts to the case law
    2. Cite back to the record

IX. Conclusion | 3:50pm – 3:55pm

• Wrap it up in a bow and tell the court why your request should be granted

X. Practice tips | 3:55pm – 4:10pm

• Be aware of any local rules:
  • i.e. are there any specific requirements for your jurisdiction?
    1. Do you need an affidavit?
    2. Does your uncontroverted facts section need to be formatted a specific way?
    3. Do you need a compliance statement within the motion?
    4. Do you need an exhibit appendix or can they be incorporated within the motion