Learn how to draft a powerful Statement of Undisputed Material Facts (SUMF) for your summary judgment motion. Discover formatting tips, strategic examples, and how Legal Husk can help.

Crafting a Powerful Statement of Undisputed Material Facts

Introduction

The Statement of Undisputed Material Facts (SUMF) is more than a checklist—it’s the backbone of a successful summary judgment motion. Done right, it highlights your strongest factual grounds and forces the court to see your version of the case as unchallenged.

In this guide, we’ll explain how to draft a compelling SUMF that supports your motion, satisfies court rules, and withstands scrutiny. Whether you’re filing for summary judgment or opposing one, understanding how to handle these facts can make or break your motion.

For litigation-ready documents and factual strategies, visit legalhusk.com or legalhusk.com/services/civil-litigation.

What Is a Statement of Undisputed Material Facts?

A SUMF is a document that lists the key facts in a case that:

• Are material to the issues at hand
• Are supported by admissible evidence
• Are not genuinely disputed by the opposing party

It’s usually filed alongside or within a motion for summary judgment.

Why the SUMF Is Crucial

• Judges read it to quickly assess whether trial is necessary
• Opposing counsel must admit, deny, or dispute each fact
• It frames the factual boundaries of your legal arguments

If it’s vague, poorly structured, or legally unsupported, your motion may fail—even if your law is sound.

Key Elements of an Effective SUMF

1. Sequential Numbering

• Each fact must be numbered clearly and distinctly

2. Concise Language

• Use short, factual sentences with no argument

3. One Fact Per Paragraph

• Each paragraph should include only one material fact

4. Citation to Record Evidence

• Include deposition excerpts, declarations, contracts, etc.
• Use pinpoint citations (e.g., "Smith Dep. 22:15–18")

5. Legal Materiality

• Stick to facts that actually affect the outcome under the law

Example Format

Statement of Undisputed Material Facts

1.    Plaintiff and Defendant entered into a written service contract on February 1, 2023. (Ex. A, Contract ¶ 1)

2.    The contract required monthly payments of $1,500 by the 5th of each month. (Ex. A, ¶ 4)

3.    Defendant failed to make payments for March, April, and May 2023. (Smith Decl. ¶ 5; Ex. B, Payment Ledger)

4.    Plaintiff sent written notices of default on April 7, 2023. (Ex. C, Default Notice)

5.    Defendant did not respond or cure the default. (Johnson Dep. 33:12–15)

Common Pitfalls to Avoid

• Including legal arguments or conclusions
• Combining multiple facts into one paragraph
• Failing to cite evidence or using inadmissible sources
• Overloading with background facts that don’t support your motion
• Using vague references (e.g., "See Exhibit A" without pinpoint citation)

Responding to a SUMF

If you're opposing summary judgment:

• Respond to each fact individually (admit, deny, dispute)
• Cite evidence showing a factual dispute
• File your own Counterstatement of Material Facts

Tips for Strong Presentation

• Organize facts logically (chronologically or thematically)
• Use consistent terminology and references
• Match your SUMF to your argument headings in the MSJ brief
• Include all exhibits referenced in the record

How Legal Husk Can Help

At Legal Husk, we:

• Draft clear and persuasive SUMFs tailored to your case
• Organize factual records for maximum impact
• Cross-reference your facts with summary judgment arguments
• Help you respond to SUMFs with factual disputes and rebuttal evidence

📌 Find litigation drafting services at:

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

Final Thoughts

Your Statement of Undisputed Material Facts is more than procedural—it’s persuasive. When used effectively, it can convince a judge to rule in your favor without a trial. Whether you’re the moving party or responding, structure your facts with clarity, support, and legal precision.

📩 Need help crafting or challenging a SUMF? Visit Legal Husk to purchase court-ready litigation documents and fact strategies.