How to Prevail at a Summary Judgment Hearing

My time on the state district court bench taught me that summary judgment hearings generally are too long, too confusing and too overwhelming for the judge. To prevail at a summary judgment hearing, consider keeping it short, direct and familiar for the court, and be prepared to make a stimulating presentation by using visual aids. This will make the judge eagerly await the summary judgment hearing.

• Short and direct: When you have the burden to establish something as a matter of law, leave out the boilerplate legal standard and instead go with the best legal and factual arguments. Try not to argue in the alternative. Remember, there is no legal requirement to include all possible grounds in a single motion for summary judgment in Texas state court. If a lawyer has three summary judgment arguments — one winner, one close call and one loser — nothing prevents him from moving only on the winning argument first. After a lawyer earns a summary judgment ruling on one claim and gains some credibility and momentum with the court, he can return for the close call argument.