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Motion for Summary Judgment Template

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Motion for Summary Judgment Template

Motion for Summary Judgment Template


This Motion for Summary Judgment (“Motion”) is filed in the [Name of Court], [Jurisdiction], by [Party Name], the [Plaintiff/Defendant], in Case No. [Case Number].


1. Introduction

[Party Name] respectfully moves this Court to grant summary judgment pursuant to Rule [Rule Number] of the [Federal Rules of Civil Procedure / State Rules], as there are no genuine issues of material fact and [Party Name] is entitled to judgment as a matter of law.


2. Parties

Movant (Filing Party): [Full Legal Name]
Opposing Party: [Full Legal Name]


3. Statement of Undisputed Facts

The following material facts are undisputed:

  1. [Undisputed Fact 1 with citation to evidence].

  2. [Undisputed Fact 2 with citation to evidence].

  3. [Continue numbering for each fact].


4. Supporting Evidence

Attached hereto and incorporated by reference are the following exhibits:

  • Exhibit A: [Document Name]

  • Exhibit B: [Affidavit or Deposition Excerpt]

  • Exhibit C: [Additional Supporting Evidence]


5. Legal Argument

A. Standard for Summary Judgment
Under Rule [Rule Number], summary judgment is appropriate when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

B. Application of Law to Facts
Explain how the undisputed facts establish that the moving party prevails under applicable law.

  1. [Argument 1].

  2. [Argument 2].


6. Relief Requested

The movant respectfully requests that the Court:

  • Grant this Motion for Summary Judgment.

  • Enter judgment in favor of [Movant] and against [Opposing Party].

  • Award costs, attorney’s fees, and any other relief deemed just and proper.


7. Hearing Request (Optional)

The movant requests a hearing on this Motion at the Court’s earliest convenience.


8. Certificate of Service

I certify that a true and correct copy of this Motion was served on [Date] to all counsel of record via [Method of Service, e.g., mail, e-filing].


Signatures

Movant Signature: ____________________________ Date: _________
Name/Title: _________________________________________

Attorney for Movant: ____________________________ Date: _________
Name/Title: _________________________________________

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Motion for Summary Judgment Template

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MOTION FOR SUMMARY JUDGMENT FAQ


What is a Motion for Summary Judgment?

A Motion for Summary Judgment is a legal filing requesting that the court decide a case without a full trial, asserting that there are no material facts in dispute and that the moving party is entitled to judgment as a matter of law.


Why is a Motion for Summary Judgment important?

It can save time and resources by resolving disputes early, avoiding unnecessary trials, and narrowing the issues that need to be litigated. It also strengthens a party’s position by clearly presenting evidence and legal arguments.


When should you file a Motion for Summary Judgment?

It is typically filed after the discovery phase of litigation when sufficient evidence has been gathered to demonstrate that no factual disputes remain. Court rules often set deadlines for filing.


What should a Motion for Summary Judgment include?

It should include a statement of undisputed facts, supporting evidence, legal arguments, and a clear request for judgment in favor of the moving party.


Can both parties file for summary judgment?

Yes. Both the plaintiff and the defendant may file cross-motions for summary judgment if they each believe they are entitled to judgment as a matter of law.


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