A motion for summary judgment (MSJ) is a powerful litigation tool used to resolve a case or specific issues without the need for a full trial. But filing a motion is not enough. To succeed, the moving party must present admissible evidence showing that there is no genuine dispute of material fact and that they are entitled to judgment as a matter of law.

What Evidence Is Needed for a Motion for Summary Judgment?

Introduction

A motion for summary judgment (MSJ) is a powerful litigation tool used to resolve a case or specific issues without the need for a full trial. But filing a motion is not enough. To succeed, the moving party must present admissible evidence showing that there is no genuine dispute of material fact and that they are entitled to judgment as a matter of law.

So, what kind of evidence actually moves the needle?

In this blog, we’ll break down the essential types of evidence needed to support a motion for summary judgment, including affidavits, discovery materials, contracts, and case law. If you’re preparing an MSJ, Legal Husk offers expertly drafted litigation documents that meet court standards and improve your chance of success.

Understanding the Legal Standard

Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is proper if:

“There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”

The court doesn’t weigh evidence like a jury would—it decides whether there’s enough evidence for a reasonable jury to rule in favor of the non-moving party. If the answer is no, summary judgment is granted.

But that determination hinges entirely on what evidence is submitted with the motion.

1. Affidavits and Declarations

What They Are:

Affidavits and declarations are sworn statements made under penalty of perjury that present facts the witness could testify to in court.

Why They Matter:

• They provide direct testimonial evidence on critical facts.
• They can be used to support or refute claims when depositions or documents are lacking.
• They are often used to authenticate documents or timelines.

Key Considerations:

• Must be based on personal knowledge.
• Must affirm facts that are material to the claims or defenses.
• Should be clear, concise, and professionally formatted.

2. Discovery Materials

Types of Discovery Evidence:

• Deposition transcripts – Useful for citing opposing party admissions or inconsistencies.
• Interrogatory responses – Written answers under oath that can support factual claims.
• Requests for Admission – If admitted, they are binding and eliminate factual disputes.
• Document production – Contracts, emails, records, or photos that support your claims.

Why They Matter:

Discovery materials often provide the bulk of the factual evidence in a case. A well-organized MSJ should rely heavily on what has been exchanged during discovery to:

• Demonstrate that facts are undisputed.
• Show the opposing party has no credible counter-evidence.
• Highlight inconsistencies or gaps in the other side’s case.

3. Documentary Evidence

Examples Include:

• Contracts and agreements
• Business records
• Medical reports
• Emails and written communications
• Official records or court filings

Why They Matter:

• Documents often speak for themselves and require less interpretation.
• Courts prefer objective evidence that doesn’t rely on witness memory.
• Well-presented documents can eliminate factual disputes quickly.

Make sure all documents are properly authenticated—use affidavits or deposition testimony if needed to confirm origin and relevance.

4. Expert Reports and Testimony

When to Use Them:

• In cases involving technical, scientific, financial, or specialized knowledge, expert opinions can help prove that the opposing party lacks a factual basis.

What’s Required:

• Expert reports must be admissible under evidentiary rules.
• The expert’s qualifications, methods, and findings must be clearly explained.
• Use expert declarations or deposition excerpts to reinforce your case.

5. Legal Authority (Case Law & Statutes)

While not technically “evidence,” legal authority plays a key role in showing the court why your evidence supports judgment as a matter of law.

Use Legal Authority to:

• Define the legal elements of the claims or defenses.
• Show that undisputed facts fulfill those elements.
• Cite prior cases with similar fact patterns or procedural rulings.

Well-selected case law and statutory authority help the court understand the context and standard for evaluating your evidence.

How to Present Evidence in Your Motion

Structure Matters:

A strong MSJ includes:

• Statement of Undisputed Facts – Numbered, short paragraphs each citing specific evidence.
• Exhibits – Clearly labeled and attached with references in the brief.
• Legal Argument – Show how the evidence supports each claim or defense.
• Affidavits and Declarations – Attached as separate exhibits or supporting documents.

Formatting Tips:

• Follow your jurisdiction’s local rules on citation and formatting.
• Use headings and subheadings for readability.
• Avoid redundancy—cite only what is necessary to prove your point.

Common Mistakes to Avoid

• Submitting unauthenticated or hearsay evidence.
• Relying on vague or conclusory statements.
• Ignoring procedural rules for formatting and filing.
• Failing to link evidence clearly to each legal argument.
• Omitting key documents that support your version of events.

The court will not dig through the record for you—your motion must connect the dots.

Why Choose Legal Husk for Summary Judgment Support?

At Legal Husk, we understand how to build a compelling, evidence-backed summary judgment motion. We help attorneys, pro se litigants, and legal teams draft:

• Well-structured motions for summary judgment
• Customized statements of material facts
• Affidavits, declarations, and supporting exhibits
• Persuasive legal arguments and case law citations

You can purchase our professional litigation drafting services directly online, and our experienced team will help you prepare documents that comply with procedural rules and support your legal strategy.

Final Thoughts

A motion for summary judgment is only as strong as the evidence behind it. From affidavits and discovery materials to expertly cited case law, each piece of evidence must contribute to your claim that no genuine dispute of material fact exists.

With the right preparation—and the right support—you can turn the facts in your favor and secure a favorable ruling before trial.

📩 Need help drafting a summary judgment motion? Contact Legal Husk today to get professionally prepared documents that win cases.