Advisory to the Pro Se Litigant #14: Combatting the Other Side's Ridiculous Motion

If your opponent files a motion, you are expected to respond. A failure to timely respond would be perceived by the court as a concession on your part. Although you might think it self-evident that the facts outweigh a motion to dismiss or summary judgment, the judge is not all-knowing. He or she does not know what facts you have until you present them to him or her. In addition, the court might interpret a failure to respond as an indication you are not interested in further pursuing the case. Courts expect you to respond clearly to both the legal and factual assertions of the other party. Attorneys usually do this by (1) filing a brief asserting each legal argument that opposes the summary judgment motion, (2) filing a statement of facts which are in dispute between the parties, and (3) a response to the statement of facts proposed by the moving party. The clearer your response, with citations to the evidence –and the evidence attached—the more likely you are to succeed at your opposition to the motion. In writing your opposition to the summary judgment motion, or motion to dismiss, you should remind yourself that the court will not engage in any independent research into your situation. Consequently, any witness statements or other evidence you want the court to review, must be properly filed with the court