Motion Summary

Motion for Summary Judgment by Plaintiff

IN THE COURT OF (County), (State)

PLAINTIFF CAUSE NO.

(Name of Plaintiff)

V.

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 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,

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

This day of , 20.

Respectfully Submitted,

(Name of Attorney)

State Bar No.

Attorney for Plaintiff

OF COUNSEL:

(Name of Attorney)

Post Office Box

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 Court for the of , at the Courthouse located at , (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

This day of , 20.

(Name of Attorney)

State Bar No.

Attorney for Defendant

OF COUNSEL:

(Name of Attorney)

Post Office Box

Telephone: