A motion for summary judgment example that actually works is a four-document package: a notice of motion, a numbered statement of undisputed material facts, a memorandum of law, and authenticated supporting evidence, all filed within the court’s deadline and served on every opposing party. Under Federal Rule of Civil Procedure 56, the court grants the motion when the moving party shows no genuine dispute exists over any fact that matters to the outcome and the law entitles that party to win on those facts.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment A weak package is worse than filing nothing at all, because it hands the other side your strategy without producing a result.
The Standard the Motion Has to Meet
Two things have to be true for the court to grant the motion. No genuine dispute can exist over any material fact, and the moving party must be entitled to judgment as a matter of law on those facts.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment A material fact is one that could change the result. A genuine dispute means a reasonable jury could find for the other side on that point. If the opposing party identifies any real factual disagreement that would affect the verdict, the motion fails.
The burden works in two stages. The movant has to affirmatively show, through citations to depositions, documents, and other record evidence, that the opposing side’s claims or defenses lack factual support. Once that showing is made, the non-moving party must come forward with specific evidence creating a triable issue. Pointing back to the allegations in a complaint or answer is not enough; actual evidence is required.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
The motion does not have to resolve the entire case. Rule 56 allows a party to target specific claims, defenses, or individual elements, and when the court grants partial summary judgment it may enter an order treating certain facts as established for the rest of the case.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
When You Can File
Under the federal rules, a party may file at any time up to 30 days after the close of all discovery, unless a local rule or court order sets a different deadline.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment That exception matters more than the rule itself. Many courts set earlier cutoffs through scheduling orders issued at the start of the case, and judges rarely extend them without a compelling reason.
Local rules also impose requirements the federal rules do not mention: page or word limits for the brief, formatting specifications, and mandatory meet-and-confer obligations. There is no uniform federal page limit for summary judgment briefs at the district court level. Before drafting anything, pull the local rules for the court where the case is pending and read any standing orders from the assigned judge. A motion rejected on formatting grounds costs you the filing.
The Notice of Motion
The first document in the package is a formal notice telling the court and the parties what you are asking for. It carries the full caption: the court’s name and jurisdiction, the names of all parties, the case number, and the judge or division assignment. These details route the motion to the right docket.
The notice states that the motion is filed under Rule 56 (or the equivalent state rule) and identifies whether you are seeking full or partial summary judgment. If partial, it specifies which claims or defenses are targeted. It closes by requesting the court to grant judgment in your favor. Many courts expect a proposed order attached for the judge’s signature that spells out the exact relief. Check the local rules to see whether a proposed order is required or merely customary.
The Statement of Undisputed Material Facts
This is the backbone of the motion. Many jurisdictions require it as a separate document, and even where it is not technically mandatory, filing one is standard practice. Each factual assertion gets its own numbered paragraph. Each paragraph cites a specific piece of evidence in the record: a particular page of a deposition transcript, a paragraph of an affidavit, or an identified exhibit.
The statement does more work than it looks like it does. The opposing party typically has to answer it line by line, admitting or denying each numbered fact with their own record citations. Any fact they fail to properly dispute can be treated as admitted for purposes of the motion.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment That makes precision essential. Include only facts that are genuinely beyond dispute and that you can support with clean citations. Padding the statement with contested facts invites the court to view the whole motion with skepticism.
Every fact in the statement should connect directly to an element of the legal claim or defense at issue. A true but immaterial fact does not belong, no matter how well-supported it is. If a fact does not help establish entitlement to judgment, cut it.
The Memorandum of Law
The memorandum is where the legal argument lives. It takes the undisputed facts you have established and shows the court, step by step, why those facts satisfy every element of your claim or defeat every element of the opposing party’s claim. The structure typically moves from the summary judgment standard, to the substantive law governing the dispute, to the application of the facts to that law.
Open with the standard: no genuine dispute of material fact, and the movant is entitled to judgment as a matter of law. Then introduce the specific legal framework. If the motion targets a breach of contract claim, identify the elements of that claim under the applicable law. If it attacks a negligence claim, lay out the elements the other side would have to prove at trial.
The application section is the heart of the memorandum. Tie each numbered fact from the statement to a specific legal element. Reference the fact numbers directly so the court can follow the reasoning without flipping between documents. Explain why no reasonable factfinder could reach a different conclusion. The strongest memoranda anticipate the arguments the other side will make and address them head-on rather than saving them for the reply brief. Close by summarizing why the undisputed record compels judgment in your favor and restating the relief you are requesting.
Supporting Evidence
Every fact in the statement must trace back to admissible evidence attached to the motion. The court will not take your word for anything. The evidence package is what the judge actually reviews when deciding whether a genuine dispute exists.
The common supporting documents are:
- Affidavits or declarations from individuals with firsthand knowledge. Under Rule 56, each one must be based on personal knowledge, contain facts that would be admissible at trial, and show that the signer could competently testify about those matters.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
- Certified deposition excerpts, cited by page and line number.
- Discovery responses, meaning answers to interrogatories and admissions obtained during discovery.
- Documents and records: contracts, emails, business records, photographs, or other tangible evidence relevant to the claims.
One requirement catches people off guard. The evidence does not necessarily need to be in final trial-admissible form at the summary judgment stage, but the opposing party can object that cited material “cannot be presented in a form that would be admissible in evidence.”1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment If you rely on a document, make sure it is authenticated, either through a declaration from someone who can identify it or because the document is self-authenticating. Label every exhibit with an exhibit number and index it so the court can find it quickly.
A boundary on what you put in sworn documents: if the court finds that an affidavit or declaration was submitted in bad faith or purely to delay the case, it can order the offending party to pay the other side’s reasonable expenses, including attorney’s fees, and can hold the responsible party or attorney in contempt.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
Filing and Serving the Package
Once the notice, the statement of undisputed facts, the memorandum, and all supporting evidence are assembled, submit the complete package to the court. Most federal courts now require electronic filing through the CM/ECF system, which generates a notice of electronic filing confirming submission. Some state courts still accept or require physical filing at the clerk’s office. Confirm that the documents are in the required format and that any filing fees have been paid.
After filing, serve a complete copy on every opposing party. Electronic service through the court’s filing system is standard in federal court, and most local rules treat the CM/ECF notice as valid service. Where electronic service does not apply, certified mail or personal delivery are typical alternatives. The date of service starts the clock for the opposing party’s response, which is commonly set at 14 to 21 days depending on local rules.
If You Are the One Opposing the Motion
The deadline to respond is set by local rule or court order, and missing it can be catastrophic. A court may treat the moving party’s facts as undisputed if you fail to properly address them, and can grant summary judgment on that basis alone.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
An opposition typically has three pieces: a response to the statement of undisputed facts, a memorandum of law in opposition, and your own supporting evidence. In the response to the statement, go through each numbered assertion and either admit it, deny it with a citation to conflicting evidence, or explain why the cited evidence does not actually support the assertion. Any fact skipped or addressed only with vague denials risks being treated as admitted.
The memorandum should focus on identifying genuine disputes of material fact. You do not need to prove you would win at trial; you only need to show that a reasonable jury could find in your favor on at least one fact that matters to the outcome. Attach any additional evidence that supports your version of events.
If the motion arrives before you have had a chance to develop the evidence you need, Rule 56(d) addresses that. On a showing by affidavit or declaration that you cannot yet present facts essential to your opposition, the court may defer ruling, allow additional time for discovery, or issue whatever order it considers appropriate.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment You cannot simply ask for more time; you have to identify what facts you expect to uncover, where you believe the evidence exists, and why you have not been able to obtain it yet.
How the Court Can Rule
The court can grant the motion in full, deny it entirely, or grant it in part. If granted in full, the case is resolved without trial and the court enters judgment on the affected claims. The court is required to state its reasons on the record for granting or denying the motion.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
One outcome catches movants by surprise. The court has the power to grant summary judgment for the non-moving party, or to grant it on grounds neither side raised, provided it gives notice and a reasonable time to respond.1Cornell Law School. Federal Rules of Civil Procedure Rule 56 – Summary Judgment The court can also raise summary judgment on its own initiative after identifying facts that may not be genuinely in dispute. Filing a motion that concedes too much, or filing an opposition that does, can backfire in ways you did not anticipate.
Whether you can appeal depends on whether the ruling is a final decision. Courts of appeals have jurisdiction over final decisions of the district courts.2Office of the Law Revision Counsel. 28 US Code 1291 – Final Decisions of District Courts When summary judgment resolves all claims against all parties, it is a final judgment and immediately appealable. When it resolves only some claims in a multi-claim case, it generally is not appealable until the remaining claims are resolved, unless the court certifies under Rule 54(b) that there is no just reason to delay the appeal.3Cornell Law School. Federal Rules of Civil Procedure Rule 54 – Judgment; Costs A denial is almost never immediately appealable; the case simply proceeds to trial, and the losing movant can raise the same legal arguments on appeal after a final judgment is entered.