Fill and Sign the Motion Summary Form

IN THE _________________ COURT OF ___________________ (County), ______________________ (State) ___________________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _________-_________ ___________________________ DEFENDANT (Name of Defendant) Motion for Summary Judgment by Plaintiff COMES NOW ____________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through his attorneys, and respectfully moves, pursuant to Rule _________ of the ___________________ (Name of State or “Federal”) Rules of Civil Procedure, for summary judgment on the grounds that there are no genuine issues of material fact and Plaintiff therefore is entitled to judgment as a matter of law. 1. This Motion is based on the pleadings, depositions, answers to interrogatories and admissions filed in this action, as well as the affidavit of ______________________ (Name of Affiant) and Plaintiff’s Memorandum of Authorities (or Brief in Support of Motion for Summary Judgment). 2. A breach of contract claim consists of proving: (A) the existence of a contract; (B) that the terms of the contract were breached or the expected performance was not made; and (C) that the plaintiff suffered damages. 3. The interpretation of the document that Plaintiff submits constitutes a contract between Plaintiff and Defendant is a question of law for the Court. As is clear from the pleadings, depositions, answers to interrogatories, admissions, and the affidavit of ______________________ (Name of Affiant), the evidence conclusively proves that the Defendant breached his contract with Plaintiff. WHEREFORE, PREMISES CONSIDERED, ________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, prays that he be granted summary judgment in this cause, and that he be awarded damages and costs as follows: 1. Compensatory Damages in the amount of $_______________; 2. Court Costs in the amount of $_______________; and 3. Attorneys’ fees in the amount of $_______________. Respectfully Submitted , ______________________________ (Name of Plaintiff), By: _______________________________ (Name of Attorney) Plaintiff’s Attorney Certificate of Service This is to certify that I, ___________________________ (Name of Attorney) , the attorney for __________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, have this date served a true and correct copy of the above and foregoing Motion for Summary Judgment by U.S. Mail, postage fully prepaid, to the following counsel of record for Defendant: _______________________________ Name of Attorney Post Office Box ____________________ ____________________________________ City, State, Zip Code This ____day of ________________, 20______. Respectfully Submitted , ______________________________ (Name of Attorney) State Bar No. ____________ Attorney for Plaintiff OF COUNSEL: ____________________________ (Name of Attorney) Post Office Box __________-_________ ________________________________________ City, State, Zip Code Telephone: _______-_______-____________ Notice of Motion for Summary Judgment You are notified that on _________________________ ( date) , at ____________ (time) , or as soon thereafter as counsel can be heard, in Courtroom ____________ of the ________________________ (identity court) Court for the ___________________ (District) of ______________________ (State), at the Courthouse located at ______________________________________________________________________ ( street address, city, county, state, zip code) , _______________________ (Name of Plaintiff) , Plaintiff , through his attorney, will move the Court for Summary Judgment for the reasons stated in the above Motion. ________________________________ (Name of Plaintiff), By: ______________________________ (Name of Attorney) Plaintiff’s Attorney Certificate of Service This is to certify that I, _____________________________ (Name of Attorney) , attorney for Plaintiff _________________________ (Name of Plaintiff) , have this date served a true and correct copy of the above and foregoing Notice of Motion for Summary Judgment by U.S. Mail, postage fully prepaid, to the following counsel of record for Defendant: _______________________________ Name of Attorney Post Office Box _________________ ___________________________________________ City, State, Zip Code This ______day of ____________________, 20_______. _____________________________ (Name of Attorney) State Bar No. ____________ Attorney for Defendant OF COUNSEL: ______________________________ (Name of Attorney) Post Office Box __________-__________ City, State, Zip Code Telephone: _______-_______-___________