Learn how to write a compelling statement of undisputed material facts for a motion for summary judgment. Includes structure tips, legal standards, and practical examples.

How to Draft a Statement of Undisputed Material Facts

Introduction

When filing a motion for summary judgment, one of the most important documents you must submit is the Statement of Undisputed Material Facts (SUMF). This document lays out the key facts of the case—those that are not in dispute and that entitle you to judgment as a matter of law.

A poorly written SUMF can result in the motion being denied, even if your legal arguments are strong. Conversely, a clear, concise, and well-supported SUMF can carry your motion to victory before the case ever sees a jury.

This article will guide you through how to draft a court-ready SUMF, how to support each statement with admissible evidence, and what formatting conventions to follow.

When you’re ready for a professionally prepared motion or SUMF, Legal Husk provides expert support at legalhusk.com and legalhusk.com/services/civil-litigation.

What Is a Statement of Undisputed Material Facts?

A Statement of Undisputed Material Facts is a numbered list of factual assertions that:

• Are material to the issues in the case
• Are not genuinely disputed by the opposing party
• Are supported by citations to admissible evidence

Courts use this document to determine whether a trial is necessary. If there are no factual disputes, the court may resolve the legal issues through summary judgment.

Why It Matters

• Judges rely heavily on it to understand your position.
• Opposing counsel must respond to each fact—admitting, denying, or disputing with evidence.
• It serves as the factual roadmap of your motion.

If it's vague, unsupported, or improperly formatted, your motion is likely to fail.

Structure of a Strong SUMF

1. Numbered Paragraphs

Each fact should be presented in its own paragraph, numbered sequentially.

2. Concise, Clear Language

Use plain, factual statements. Avoid argument, speculation, or conclusions.

3. One Fact Per Paragraph

Keep statements short and focused. Avoid combining multiple facts into a single sentence.

4. Evidence Citation

Each fact must cite to admissible evidence:

• Deposition transcript (e.g., Smith Dep. 25:3–10)
• Affidavit (e.g., Johnson Aff. ¶ 4)
• Business record (e.g., Exhibit A, Invoice #245)

5. Materiality

Only include facts that are material to the motion—not background or irrelevant facts.

Example Format

Statement of Undisputed Material Facts

1.    Plaintiff and Defendant entered into a written contract on January 10, 2023. (Exhibit A, Contract)

2.    The contract required Defendant to deliver 5,000 units of Product X by March 1, 2023. (Exhibit A, §3)

3.    Defendant failed to deliver any units of Product X by that date. (Smith Dep. 42:1–5)

4.    Plaintiff sent a written demand for performance on March 3, 2023. (Exhibit B, Demand Letter)

5.    Defendant did not respond to the demand. (Johnson Aff. ¶ 6)

Common Mistakes to Avoid

• Including legal conclusions (e.g., “Defendant breached the contract.”)
• Leaving out citations or using improper evidence
• Arguing facts instead of stating them
• Overloading facts with multiple issues per paragraph
• Referencing inadmissible material (e.g., hearsay, unauthenticated documents)

Best Practices by Jurisdiction

Federal Courts (Rule 56)

• Follow local rules—many districts require a SUMF as a separate document.
• Use pinpoint citations (not just "Exhibit A").

State Courts

• Some require a separate SUMF, others incorporate it into the motion.
• Always check the local court rules.

Tips for Responding Party

If you’re the non-moving party:

• File a Response to Statement of Undisputed Facts, paragraph by paragraph.
• Admit, deny, or assert that the fact is disputed, with your own citation.
• Include a Counterstatement of Disputed Material Facts, if necessary.

How Legal Husk Can Help

At Legal Husk, we provide:

• Drafted and formatted SUMFs tailored to your motion
• Citations to appropriate, admissible evidence
• Complete MSJ packages, including briefs, affidavits, and exhibits

📌 Services available at:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Your Statement of Undisputed Material Facts isn’t just a checklist—it’s the factual spine of your motion for summary judgment. The stronger and cleaner it is, the more persuasive your motion becomes. Don’t treat it as an afterthought.

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