There are two ways to oppose a motion for summary judgment. The first way is to establish that there is a dispute over the facts. E.g., there might be a dispute regarding how much money is owed under a promissory note. Or there may be a dispute as to whether payments were truly made. There might be some question of whether a party acted reasonably given the circumstances. These are examples of facts which could lead to a dispute requiring a court to conduct a trial in order to resolve the dispute.
The second way for opposing a motion for summary judgment can occur when the law favors the side opposing the motion and there is no dispute regarding the material facts. In this instance, that party – which is favored by the law – should defeat the motion (and probably would win their motion for summary judgment).
