An opposition succeeds by identifying a genuine dispute of material fact, supported by admissible evidence.

Respond to the statement of facts paragraph by paragraph, admitting what is true, disputing what is not, and citing the record for every dispute. Failure to respond properly results in the fact being deemed admitted, which decides many motions.

Material means it could affect the outcome under the governing law. Disputes about immaterial facts do not defeat the motion, and an opposition that manufactures them signals weakness.

Genuine means a reasonable factfinder could resolve it in the non-movant’s favor. A scintilla is not enough.

Evidence, not argument. Declarations on personal knowledge, deposition testimony, authenticated documents, and responses to discovery. Counsel’s assertions in a brief are not evidence.

Additional facts. A statement of additional facts precluding judgment, which frames the case for trial.

Request more discovery where the opposition cannot be presented without it, by affidavit specifying what is sought, why it is not available, and how it would create a dispute. This is granted where the motion was filed early and denied where discovery has closed.

Cross-motions where the facts are truly undisputed and the law favors you.