What is required to win on summary judgment?

You must show no genuine dispute of material fact and entitlement to judgment as a matter of law. Federal standard is in FRCP 56; provide admissible evidence and legal argument to meet this burden.

When can I file the motion?

Under FRCP 56(b), a party may file at any time up to 30 days after the close of discovery unless the court’s scheduling order sets a different deadline. Always confirm local rules.

Can affidavits be e-signed?

Electronic signatures are generally acceptable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes if the signature demonstrates intent and the record is retained; verify court preferences and any state exceptions.

How should I serve the motion?

Serve according to applicable civil rules and any agreed electronic service protocols; retain proof of service or e-service confirmation for the court record.

What happens if a required exhibit is unauthenticated?

The court may exclude that exhibit or strike the related factual assertion, which can undermine the motion. Include foundation and authentication declarations to avoid this outcome.

How do I correct a filing error?

Promptly notify the court clerk and opposing counsel, file a corrected document if allowed, and explain the error in a cover letter or motion to correct; some courts permit nunc pro tunc corrections for clerical mistakes.

Electronic Signature
Templates
Other
Motion for Summary Judgment

Motion for Summary Judgment

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Motion for Summary Judgment Is and When It Applies

A Motion for Summary Judgment asks the court to decide some or all claims without a full trial because there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. The motion relies on evidence in the record — pleadings, declarations, depositions, and admissions — and cites controlling law to show the absence of a triable issue. Federal practice is governed by Federal Rule of Civil Procedure 56; state courts apply analogous state rules and local scheduling orders that may alter timing and format requirements.

Why Use a Motion for Summary Judgment

A well-prepared motion can shorten litigation time and reduce trial cost by resolving claims or narrowing issues when factual disputes are lacking. It focuses the court’s attention on legal questions supported by admissible evidence and can prompt settlement or streamlined trial preparation.

Who Typically Prepares and Files This Motion

The Motion for Summary Judgment is principally prepared by litigating parties through their counsel, often with input from paralegals and litigation support staff.

Defense counsel coordinating documentary evidence and witness affidavits for dispositive briefing.
Plaintiff’s counsel assembling admissible record excerpts and opposing declarations to resist the motion.
In-house legal teams managing procedural deadlines and cross-jurisdictional service requirements.

Courts, clerks, and mediators also review filings; accuracy and compliance with local rules are critical to avoid denial or procedural sanctions.

Core Parts of a Proper Motion for Summary Judgment

A complete motion organizes legal argument, evidentiary support, and procedural statements so the court can rule on entitlement to judgment as a matter of law.

Notice of Motion

Identifies the moving party, relief sought, hearing date or request for submission, and compliance with local notice rules.

Memorandum of Points and Authorities

Presents legal standards, statutes, and binding precedent supporting the legal basis for summary judgment.

Statement of Undisputed Facts

Numbered factual assertions with citations to the record, often required by local rules for clarity.

Declarations and Exhibits

Affidavits, deposition excerpts, contracts, and other admissible evidence that establish the factual record.

Request for Relief

Specifies the precise judgment requested and any alternative or partial rulings sought.

Proposed Order

A clean, court-ready order for judge’s signature reflecting the requested disposition.

Essential Information to Include

Case Caption: Parties and court name

Case Number: Court-assigned docket number

Motion Title: Clear, specific title

Supporting Evidence: Exhibit list and citations

Signature Details: Attorney info and date

Proposed Order: Clean order for judge

Stepwise Process to Prepare and File the Motion

Follow these sequential steps to assemble, file, and serve a Motion for Summary Judgment consistent with federal and local rules.

01

Gather Record: Collect pleadings, depositions, exhibits, and admissions necessary to show no genuine issue.
02

Draft Legal Brief: Explain legal standards and apply law to undisputed facts succinctly.
03

Prepare Declarations: Attach sworn declarations and authenticated exhibits supporting each fact.
04

File and Serve: E-file per court procedures and serve opponents in the required manner.

How to Configure an Online eFiling and eSignature Workflow

When using an eSignature and eFiling tool, configure settings to match court and service requirements before sending documents for signatures.

Document Format	PDF/A standard for court filings
Authentication	Email plus SMS or knowledge-based authentication
Audit Trail	Enable IP, timestamp, and action logging
Signature Type	Use typed or drawn e-signature; retain signed PDF
Retention	Enable long-term storage and export options

Where to File and How to Route Your Motion

Filing and service steps vary by jurisdiction; verify the applicable court rules and e-filing portal requirements before submission.

E-Filing Portal: Upload signed PDF to the court’s electronic filing system
Serve Opposing Counsel: Serve via e-service per local rule or agreed method
File Proposed Order: Submit a proposed order in the format required by the judge
Provide Chambers Copy: Deliver courtesy copy to the judge if the local rule requires it

Digital Signing and eSubmission Considerations

Ensure the chosen eSignature platform supports authentication, audit trails, and file formats required by the court and local rules.

File Types: PDF and PDF/A compatibility
Integrations: Works with court e-filing portals and document management
Security: TLS in transit; AES-256 at rest

Confirm platform export of a certified audit trail and a court-ready signed PDF; retain proof of service and signature events for the record.

Typical Timing and Response Deadlines

Deadlines for summary judgment practice depend on Federal Rule of Civil Procedure 56 and local scheduling orders; always confirm with the relevant court calendar and standing orders.

Filing Window:

Per FRCP 56(b), motions are due not later than 30 days after close of discovery unless the court orders otherwise

Opposition Deadline:

Local rules commonly allow 14 or 21 days for the opposing brief to be filed

Reply Brief:

Movant’s reply is often due 7 or 14 days after the opposition is filed per local rule

Hearing Scheduling:

Hearing dates set by court calendar; some districts allow submission on papers without oral argument

Extensions:

Requests for extensions require stipulation or court approval before expiration

Common Risks and Potential Consequences of Errors

Procedural Denial: Motion rejected for noncompliance

Evidentiary Exclusion: Key exhibits excluded without authentication

Sanctions: Sanctions under FRCP 11 possible

Waiver: Failure to oppose can waive issues

Delay: Missed deadlines prolong litigation

Service Defect: Improper service can void filing

Practical Tips for Accurate and Efficient Completion

Apply these best practices to reduce risk, speed processing, and meet court expectations.

Start with the Local Rules

Read the judge’s standing orders and the court’s local civil rules before drafting to ensure compliance with page limits, formatting, and required statement of undisputed facts.

Use Numbered Fact Statements

Provide a clear, numbered statement of undisputed facts with pinpoint citations to exhibits and record pages to ease judicial review.

Authenticate Exhibits

Attach declarations or deposition excerpts that authenticate documents; affidavits must state personal knowledge and relevant foundation.

Preserve Service Proof

Retain certificates of service and e-filing confirmations; courts rely on these records if service disputes arise.

Practical Examples of How the Motion Is Used

Two typical scenarios show how summary judgment practice can resolve litigation efficiently when facts are undisputed.

Defense Firm Example

A defense team compiles admissions and deposition highlights to show no factual dispute exists.

The motion focuses on legal insufficiency of claims.
The court granted partial summary judgment on contract claims, narrowing issues and reducing trial scope significantly.

Corporate Counsel Example

In-house counsel uses authenticated records and a sworn declaration from a custodian of records.

The filing emphasizes consumer transaction records.
The judge entered judgment on statutory claim elements, prompting the parties to settle remaining damages.

eSignature Vendor Comparison for Filing and Signing Motion Documents

Select an eSignature provider that supports required security, audit trails, and export of court-ready signed PDFs. Pricing and feature availability vary by plan and vendor.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Motions for Summary Judgment

Answers to common procedural and evidentiary questions about preparing, filing, and responding to a Motion for Summary Judgment.

Need help? Contact support

What is required to win on summary judgment?
You must show no genuine dispute of material fact and entitlement to judgment as a matter of law. Federal standard is in FRCP 56; provide admissible evidence and legal argument to meet this burden.
When can I file the motion?
Under FRCP 56(b), a party may file at any time up to 30 days after the close of discovery unless the court’s scheduling order sets a different deadline. Always confirm local rules.
Can affidavits be e-signed?
Electronic signatures are generally acceptable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes if the signature demonstrates intent and the record is retained; verify court preferences and any state exceptions.
How should I serve the motion?
Serve according to applicable civil rules and any agreed electronic service protocols; retain proof of service or e-service confirmation for the court record.
What happens if a required exhibit is unauthenticated?
The court may exclude that exhibit or strike the related factual assertion, which can undermine the motion. Include foundation and authentication declarations to avoid this outcome.
How do I correct a filing error?
Promptly notify the court clerk and opposing counsel, file a corrected document if allowed, and explain the error in a cover letter or motion to correct; some courts permit nunc pro tunc corrections for clerical mistakes.

Explore Templates

Car Loan Agreement Simple Loan Agreement Ketchikan High School Laptop Loan Agreement Family Loan Agreement Title Loan Agreement Loan Personal Guarantee

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now