Virtually everything described about a moving brief holds true for an opposition brief. And the
opposition brief is like a reply — it must squarely confront the moving papers. In most instances,
you will want a counterstatement of the facts (or of the case). Tell your story. Cast your
Argument section as rebutting the moving party’s legal contentions and law. This is your one
written opportunity to prevent the relief being sought, so use it wisely by countering your
adversary.
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The suggestions here will advance the persuasive power of a motions brief. They are often lost
in the typical rush to get the motion filed. But step back and try to incorporate these thoughts.
Doing so will pay off. And while brief writing is unique to lawyering, always keep in mind that
effective brief writing is simply effective writing. That, too, will pay off in winning your motions.
—By Scott M. Himes, ​
Ballard Spahr LLP
Scott Himes​
is a partner in Ballard Spahr's New York office. He focuses his practice on
complex commercial litigation and government enforcement matters.
The opinions expressed are those of the author(s) and do not necessarily reflect the views
of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This
article is for general information purposes and is not intended to be and should not be taken
as legal advice.
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