Adverse-Party Sourcing #2
Definition
Factual technique
Building the motion's factual foundation primarily from the opposing party's own filings, exhibits, or representations. The opponent's documents become the evidence against them.
Example
"The delivery logs Respondent attached to its own opposition are the same logs Movant now relies upon to establish that the shipment arrived after the contractual deadline."
Anti-pattern
"In a stunning irony, Respondent's own delivery logs — which it submitted to this Court — now prove that the shipment was late."
Requirements
- At least one key factual assertion is supported by the opponent's own exhibit or filing
- The exhibit is cited by docket number and attributed to the opponent
- The drafter does not editorialize about the irony — the source attribution does the work
Strategic value
Evidence from the opponent's own filings is self-authenticating. The opponent cannot challenge its reliability without impeaching their own submission. The judge's credibility assessment is eliminated — there is nothing to assess.