Learn how to draft a motion for summary judgment in civil cases with this step-by-step guide. Understand the essential components, key strategies, and common pitfalls to avoid in your motion.

A Motion for Summary Judgment (MSJ) is a powerful tool in civil litigation, allowing a party to seek judgment before trial when there are no genuine disputes of material fact. A well-drafted MSJ can significantly impact the outcome of a case, saving time, resources, and uncertainty.

This guide walks you through the essential steps for drafting an effective Motion for Summary Judgment, including strategies for presenting evidence, framing arguments, and avoiding common pitfalls.

1. Understand the Legal Standard for Summary Judgment

Before you begin drafting, it’s critical to understand the legal threshold for summary judgment.

Summary Judgment Standard:

• No genuine dispute of material fact exists.

• The moving party is entitled to judgment as a matter of law.

Key Takeaway:
You must show that even when all evidence is viewed in favor of the opposing party, no trial is needed because the law supports your position.

2. Draft the Caption and Introduction

Begin with a properly formatted caption, including:

• Court name

• Parties' names

• Case number

Introduction:
Clearly state that you are seeking summary judgment and summarize the basis for the request.

Example:
"Plaintiff respectfully moves this Court for summary judgment, asserting that no genuine dispute of material fact exists and that Plaintiff is entitled to judgment as a matter of law."

3. Statement of Undisputed Facts

List the material facts that are not in dispute, each backed by evidence.

Best Practices:

• Separate each fact: Use numbered paragraphs.

• Cite supporting evidence: Reference affidavits, depositions, exhibits, or discovery responses.

• Stick to material facts: Only include facts critical to resolving the legal issues.

Example:

1. Defendant signed a binding contract with Plaintiff on January 1, 2023. (Exhibit A, Contract ¶3).

2. Defendant failed to make required payments by February 1, 2023. (Exhibit B, Payment History).

4. Argument and Legal Analysis

This is the core of your motion where you apply law to facts.

Steps:

• Identify Legal Issues: Clearly define the legal question.

• Apply the Law: Use statutes, rules, and case law.

• Explain How the Facts Fit: Demonstrate why no trial is needed.

Pro Tip:
Use logical subheadings for clarity and organization.

Example Section Title:
"Breach of Contract: Defendant’s Nonpayment Constitutes a Breach Under Applicable Law."

5. Conclusion

Summarize why judgment should be granted based on the undisputed facts and controlling law.

Example:
"For the reasons stated herein, Plaintiff respectfully requests that the Court grant summary judgment in Plaintiff’s favor and dismiss all claims against Plaintiff with prejudice."

6. Certificate of Service

Confirm that you properly served the motion on all parties.

Example:
"I hereby certify that on [date], I served a true and correct copy of the foregoing Motion for Summary Judgment upon [Opposing Counsel Name] by [method of service]."

7. Attach Supporting Documents and Evidence

Your motion must include all supporting evidence:

• Affidavits or declarations

• Deposition excerpts

• Contracts, emails, or other exhibits

Tip:
Label each exhibit clearly (e.g., "Exhibit A: Contract").

8. Review and Revise Your Motion

Before filing:

• Check for Clarity: Remove unnecessary commentary and jargon.

• Verify Court Compliance: Ensure formatting and citation standards match local court rules.

• Double-Check Evidence: Confirm all referenced evidence is attached and cited accurately.

9. File and Serve Your Motion

Follow your court’s rules for filing and serving the motion.

• Submit your filing electronically or in person, depending on local requirements.

• Serve all parties and maintain proof of service.

• Track deadlines for responses and hearings.

Conclusion

Drafting a Motion for Summary Judgment requires careful attention to factual clarity, legal precision, and procedural rules. By clearly presenting undisputed facts, connecting them to established law, and properly supporting your motion with evidence, you can maximize your chances of winning without going to trial.

Strong research, detailed preparation, and strategic drafting are critical to securing a favorable ruling.

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