Federal Rule of Civil Procedure 56 governs summary judgment and support for factual positions. Legal1Up helps organize the record and prepare draft materials for counsel. The tasks below can form part of a full-motion package or an individual assignment. We agree on the record, deliverables, checks, and deadline before starting.
This article addresses federal procedure. Legal1Up also supports state and local courts and administrative proceedings, using the rules and requirements applicable to each matter.
Task 1: Record Review and Organization
We review and organize the materials included in scope: deposition transcripts, document productions, interrogatory responses, requests for admission, expert reports, and prior filings. Indexing, OCR, and searchable-file preparation are agreed for the supplied record.
The organized record supports citation and cross-referencing during drafting. We identify the record set and expected output with counsel during scoping.
Task 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…”)
Task 3: Response to Opposing Party’s SUMF
We compare asserted facts with the agreed record and draft proposed responses with supporting or conflicting citations. Counsel decides whether to admit, deny, or qualify each fact.
We flag facts that are technically accurate but misleading, drafting responses that provide necessary context without appearing evasive.
Task 4: Statement of Disputed Material Facts
For the non-movant, we draft additional facts with record citations for counsel to evaluate. Counsel decides which facts are material and support opposition under the applicable standard and court rules.
We prioritize facts supported by the strongest evidence: admissions, undisputed documents, and testimony from disinterested witnesses.
Task 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.
Task 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. Counsel decides which declarations to use and what to file.
Task 7: Deposition Excerpt Identification
We review the deposition transcripts included in scope 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.
Task 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.
Task 9: Exhibit Preparation
We organize cited materials into exhibits as required by the applicable rules and orders counsel identifies. Preparation can include:
- Bates number identification
- Authentication path (who can authenticate, how)
- Relevance to specific facts in the SUMF
- Proper formatting per local rules
Task 10: Exhibit List Compilation
We prepare an exhibit list for the agreed package 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.
Task 11: Citation Checking
For the draft and sources included in scope, our citation checks compare:
- 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
AI assists with cross-referencing, and a reviewer checks the scoped citations against available sources. We report discrepancies and sources we cannot access; counsel decides what to change.
Task 12: Formatting and Local Rule Compliance
We check formatting against the applicable local rules and standing orders identified for the matter. The agreed checks can include:
- Page limits and font requirements
- Statement of facts format (separate document vs. incorporated)
- Exhibit filing procedures (appendix vs. individual attachments)
- Electronic filing specifications
Task 13: Filing Package Assembly
When package assembly is included, we organize the agreed documents in the order counsel identifies for the court’s 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.
Task 14: Strategic Consultation
We discuss record organization, source references, and preparation questions with counsel. Counsel decides strategy, evidentiary positions, and legal arguments. We do not practice law or provide legal advice.
Task 15: Filing Support
When pre-filing review is included, we compare the agreed package, cross-references, and formatting with the sources, rules, and standing orders counsel identifies. We flag discrepancies and unavailable materials for counsel. Counsel decides when the package is ready to file.
Turnaround and Pricing
We confirm the delivery date when we accept the scope. Rush available, fee and date quoted with the scope. 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
We prepare the agreed materials for attorney review. Counsel determines the legal arguments and when the package is ready to file.
See all litigation support services or get in touch to discuss your matter.