Motion for Summary Judgment Example: A Step-by-Step Guide

Introduction

Summary judgment is a powerful tool in litigation that allows courts to dismiss claims without the need for a full trial. By filing a motion for summary judgment, a party can argue that there is no genuine dispute of material fact and that it is entitled to judgment as a matter of law.

Step 1: Determine Eligibility

Not all cases are eligible for summary judgment. The Federal Rules of Civil Procedure Rule 56(a) sets forth the following requirements:

• There must be no genuine dispute as to any material fact.
• The moving party must be entitled to judgment as a matter of law.

Step 2: Draft the Motion

The motion should include the following elements:

• A statement of the material facts that are undisputed.
• A legal argument explaining why the undisputed facts entitle the moving party to judgment as a matter of law.
• Supporting evidence, such as affidavits, deposition transcripts, and exhibits.

Step 3: File the Motion and Serve on Opposing Party

The motion must be filed with the court and served on the opposing party. The opposing party has a specific time period, typically 21 days, to file a response.

Step 4: Response from Opposing Party

In its response, the opposing party can:

• Agree to the motion and request that it be granted.
• Oppose the motion and present evidence to show that there is a genuine dispute of material fact.
• Present new evidence or legal arguments.

Step 5: Hearing

If the opposing party opposes the motion, the court may schedule a hearing to consider the arguments. At the hearing, the parties can present their evidence and legal arguments.

Step 6: Decision

After considering the motion and any response, the court will decide whether to grant summary judgment. The court will only grant summary judgment if it finds that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law.

Conclusion

Motion for summary judgment is a powerful tool that can help parties avoid unnecessary litigation and obtain a favorable outcome. By following the steps outlined above, parties can effectively file and respond to motions for summary judgment.

Tables

| Table 1: Summary Judgment Statistics |
|---|---|
| Number of summary judgment motions filed in federal courts in 2021 | 125,000 |
| Percentage of summary judgment motions granted | 40% |

| Table 2: Common Grounds for Summary Judgment |
|---|---|
| No genuine dispute as to material facts | 45% |
| Failure to state a claim upon which relief can be granted | 25% |
| Failure to present sufficient evidence | 20% |

| Table 3: Key Elements of a Motion for Summary Judgment |
|---|---|
| Statement of undisputed facts | Yes |
| Legal argument | Yes |
| Supporting evidence | Yes |

| Table 4: Timeline for Motion for Summary Judgment |
|---|---|
| Filing of motion | 21 days after service of complaint |
| Response from opposing party | 21 days after service of motion |
| Hearing (if necessary) | Within 30 days after filing of response |