Use these practical checklists for plaintiffs and defendants when filing or opposing a motion for summary judgment. Ensure legal readiness with Legal Husk’s court-ready strategies
Summary Judgment Checklists for Plaintiffs and
Defendants
Introduction
A motion for summary judgment (MSJ) can make or break your
case. Whether you're filing as a plaintiff or defending against it, missing a
key requirement or overlooking a necessary element can cost you a win—or worse,
the entire case.
To help you prepare, we’ve created two detailed checklists:
one for plaintiffs seeking summary judgment, and one for defendants
moving for or opposing it. These lists cover everything from evidence
gathering to drafting tips to filing procedures.
For help drafting or responding to an MSJ, visit legalhusk.com or legalhusk.com/services/civil-litigation.
Checklist for Plaintiffs Filing a Motion for
Summary Judgment
- Clearly
identify all legal claims and their required elements
- Gather
admissible evidence (affidavits, contracts, declarations, records)
- Draft
a Statement of Undisputed Material Facts (SUMF) with pinpoint citations
- Authenticate
all documents with supporting declarations
- Link
facts directly to legal arguments in the MSJ brief
- Anticipate
defenses and negate them with facts
- Avoid
legal conclusions in the SUMF
- File
the motion before the deadline under court rules
- Serve
opposing counsel and file proof of service
- Attach
all referenced exhibits with clear labels (Ex. A, Ex. B, etc.)
- Confirm
compliance with formatting rules and page limits
- Prepare
for possible oral argument or hearing
Checklist for Defendants Filing a Motion for
Summary Judgment
- Target
claims that lack sufficient evidence on key elements
- Highlight
admissions from discovery (depositions, interrogatories)
- Include
a thorough SUMF with supporting record citations
- Challenge
causation, damages, or other legal thresholds
- Identify
immunity, statute of limitations, or other bars to liability
- Support
the motion with affidavits or expert declarations as needed
- Cite
relevant statutes, rules, and caselaw clearly
- Include
a proposed order for the court’s convenience
- Avoid
overreaching—limit the motion to strong, supportable claims
- Align
motion timing with the court’s scheduling order and discovery close
Checklist for Opposing a Motion for Summary
Judgment (Both Sides)
- Review
the movant’s SUMF line by line
- Admit,
deny, or dispute each fact with evidence
- Submit
a Counterstatement of Disputed Material Facts if needed
- File
a Rule 56(d) declaration if discovery is incomplete
- Highlight
any credibility issues or factual inconsistencies
- Argue
that material facts are in dispute and must go to trial
- File
before the response deadline (typically 21–30 days after service)
- Attach
your own declarations, affidavits, or exhibits
- Respond
to legal arguments with contrary authority or application
- Confirm
procedural and formatting compliance with court rules
Timing Tips
- Schedule
expert depositions well before filing deadlines
- Submit
discovery motions early if record evidence is being withheld
- Request
hearings if your court prefers oral arguments before ruling
- Keep
a detailed log of all served documents and filed materials
- Check
standing orders or judge-specific procedures
- Ensure
MSJ filing falls within your jurisdiction’s timeline for dispositive
motions
How Legal Husk Can Help
At Legal Husk, we help:
- Plaintiffs
and defendants file complete and strategic MSJs
- Draft
and organize Statements of Undisputed Material Facts
- Prepare
responsive documents to defeat an opponent’s MSJ
- Ensure
full compliance with federal and state court rules
- Offer
flat-rate legal drafting services tailored to your litigation strategy
📌 Get
MSJ checklists and drafting support at:
Final Thoughts
Motions for summary judgment demand precision. Use these
checklists to stay organized, persuasive, and compliant. A thorough, fact-based
approach backed by admissible evidence is your best shot at success.
📩 Need
custom summary judgment documents? Visit Legal
Husk to purchase professional pleadings tailored to your case.
