Use this sample motion for summary judgment template to help you draft your own motion. Ensure that your motion is clear, concise, and meets legal requirements for success.
A Motion for Summary Judgment is an essential tool in civil litigation, allowing parties to seek a ruling without the need for a trial if there are no genuine issues of material fact. Below is a sample template designed to guide you in drafting a strong, effective motion for summary judgment.
[Your Name] [Your Address] [City, State, Zip] [Phone Number] [Email Address] [Date]
[Court Name] [Court Address] [City, State, Zip]
[Plaintiff’s Name], Plaintiff, v. [Defendant’s Name], Defendant.
Case No.: [Case Number]
MOTION FOR SUMMARY JUDGMENT
Plaintiff [or Defendant], respectfully submits this Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure [or applicable state rules], seeking judgment in its favor on the grounds that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In support of this motion, the [Plaintiff/Defendant] submits the following memorandum and exhibits:
This motion seeks summary judgment in favor of [Plaintiff/Defendant] because there is no genuine issue of material fact that requires trial, and [Plaintiff/Defendant] is entitled to judgment as a matter of law.
[Fact #1]: [Example: "On January 1, 2020, Plaintiff and Defendant entered into a contract for the sale of goods."]
[Fact #2]: [Example: "The Defendant breached the contract by failing to deliver the goods as agreed."]
[Fact #3]: [Continue listing any other undisputed facts.]
Attach supporting exhibits such as contracts, correspondence, or other documentation to prove these facts.
Under Rule 56 of the Federal Rules of Civil Procedure, a court may grant summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A genuine dispute exists only if the evidence could lead a reasonable jury to return a verdict for the non-moving party.
Explain why there are no disputed facts that require a trial. Reference the undisputed facts and supporting evidence.
Example: In this case, the contract terms were clear, and Defendant’s failure to deliver the goods constitutes a breach of contract. Defendant has not presented any evidence to dispute these facts.
Provide the legal foundation for your claim. Cite relevant statutes, regulations, or case law to support your position.
Example: Under [State/Federal Law], a breach of contract occurs when a party fails to fulfill its obligations. Since Defendant failed to deliver the goods, Plaintiff is entitled to damages of $[specific amount].
For these reasons, [Plaintiff/Defendant] respectfully requests that the Court grant this Motion for Summary Judgment and enter judgment in favor of [Plaintiff/Defendant].
[Signature Line] [Your Name] [Your Title/Position] [Your Firm Name] (if applicable) [Address] [Phone Number] [Email Address]
I hereby certify that on this [date], I served a copy of the foregoing Motion for Summary Judgment to the following parties via [method of service]:
[Name of opposing party] [Address of opposing party] [Email of opposing party] [Other contact information]
Exhibit A – [Description, e.g., "Contract between Plaintiff and Defendant"]
Exhibit B – [Description, e.g., "Email correspondence regarding breach"]
Exhibit C – [Other supporting evidence]
Clearly identify all undisputed facts.
Support your motion with strong evidence and legal citations.
Keep your legal arguments concise and focused.
Attach all necessary exhibits.
Follow local court rules regarding formatting, filing, and service procedures.
A well-drafted motion for summary judgment can help resolve a case efficiently and favorably. Using a clear structure, backing your facts with solid evidence, and presenting strong legal arguments are critical for success. This sample template provides a roadmap, but tailoring your motion to your specific case and jurisdiction is essential.
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