Sample Response to Motion to Dismiss: Navigating Dispositive Motions Practice in Civil Litigation

In the age of increasingly complex civil litigation, dispositive motions practice has become a critical component of the prosecution or defense of a case. Motions to dismiss and motions for summary judgment have become routine in most civil cases, regardless of whether there is a realistic possibility of success. However, when attorneys file these motions reflexively and courts do not thoughtfully manage or timely rule on them, they can inject additional cost and delay into the court system, ultimately undermining access to justice for all.

According to the Institute for the Advancement of the American Legal System (IAALS) report, dispositive motions practice can be a cause for delay, a burden on the court, and costly to parties. In fact, courts and attorneys are encouraged to review the report's recommendations and rethink dispositive motions practice in civil litigation.

The IAALS report calls for the bench and bar to actively engage in a more targeted and focused approach to dispositive motions to better serve clients and the system. This advice is drawn from a 2019 report that examined civil dispositive motions practice by conducting empirical research and identifying opportunities for improvement and innovation.

In this article, two federal and state district court judges share advice for attorneys navigating dispositive motions practice. When used appropriately, dispositive motions can save courts and litigants time and money, making the civil process more efficient and less costly.

The COVID-19 pandemic has also highlighted the need for courts to adapt quickly and make the civil litigation process more efficient for all. Courts in Colorado have continued to issue orders based on new public health information and new court operations protocols, prioritizing essential matters while preserving constitutional rights and protecting public health and safety.

Overall, dispositive motions practice is a critical part of the civil litigation process, but it must be approached thoughtfully and strategically. By embracing change and making adjustments to the current system, courts, judges, and attorneys can work together to make the civil litigation process more efficient and accessible for all parties involved.

Sample response to motion to dismiss