Mastering Summary Judgment Motions: Drafting and Legal Strategy

Lisa M. Szyc
Lisa M. Szyc | Backus Burden Law

Lisa has dedicated her career to assisting criminal defendants in their legal defense. She has also practiced in family law including assisting families with child custody, child support and divorce matters. She has also focused part of her time to veteran’s assisting local veterans with a myriad of legal needs, including Veteran’s affairs claim.

Live Video-Broadcast: March 27, 2025

2 hour CLE

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Program Summary

This CLE program provides an in-depth look at drafting and presenting motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure (FRCP). It starts by emphasizing the importance of discovery in understanding the elements of causes of action or defenses. Attendees will learn how to tailor discovery to support these elements and focus on the key facts in a complaint. The session will cover the criteria for summary judgment, including the definitions of "material facts" and how to identify genuine disputes.

The CLE also discusses the burden of proof for both the moving and non-moving parties, highlighting case law such as Orr v. Bank of Am. and Anderson v. Liberty Lobby. Detailed strategies for drafting a compelling summary judgment motion are included, focusing on facts, legal arguments, and adherence to local rules. Practical tips on citing the record, ensuring admissibility of material facts, and avoiding pitfalls in motion practice will also be covered.

This session is designed to equip attorneys with the tools needed to navigate and succeed in summary judgment motions, providing a roadmap for effective and persuasive legal writing.

Key topics to be discussed:

  • Summary Judgment Essentials: Legal standards and strategic considerations
  • Effective Discovery and Fact Identification for Summary Judgment Motions
  • Burden of Proof in Summary Judgment: Moving and nonmoving party responsibilities
  • Crafting and Presenting Persuasive Summary Judgment Motion

Date / Time: March 27, 2025

  • 2:00 pm – 4:10 pm Eastern
  • 1:00 pm – 3:10 pm Central
  • 12:00 pm – 2:10 pm Mountain
  • 11:00 am – 1:10 pm Pacific

Closed-captioning available

Speakers

Lisa M. Szyc_myLawCLELisa M. Szyc | Backus Burden Law

Ms. Szyc attended the University of Nevada Las Vegas. She held leadership roles her sorority Alpha Delta Pi and Panhellenic. Ms. Szyc was also active in student government and served as a justice on the judicial council. She then attended law school at North Carolina Central University. Ms. Szyc participated in several legal clinics including a domestic violence clinic, a criminal defense clinic and a veteran’s law clinic. Ms. Szyc was also a competitive member of NCCU’s trial competition team.

Ms. Szyc has been licensed to practice law in Nevada since 2009. She has dedicated her career to assisting criminal defendants in their legal defense. She has also practiced in family law including assisting families with child custody, child support and divorce matters. She has also focused part of her time to veteran’s assisting local veterans with a myriad of legal needs, including Veteran’s affairs claim. Ms. Szyc is licensed to practice in the Ninth Circuit court of Appeals and had the opportunity to present oral arguments in October 2016.

Ms. Szyc is an active volunteer in the Las Vegas community. She is a life-time member of several veteran auxiliary groups and serves on the executive committee for the St. Jude Children’s Research Hospital’s Viva St. Jude event. She has also served as a truancy court judge for the truancy diversion program and volunteers to judge trial team competitions whenever time allows.

Agenda

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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 Ethics / Professionalism

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Approved for CLE Credits
2 NLS Credit

Kansas

Pending CLE Approval
2 Law Practice Management

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 Law Office Management

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 Ethics / Professionalism

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 Ethics / Professionalism Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for CLE Credits
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 Law Practice Programming

Washington

Approved via Attorney Submission
2 Other (Office Management)

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2.4 Law Practice Management

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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