Sample summary judgment 2026

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Deposition testimony is commonly used as summary judgment evidence. Rule 56(c)(1)(A) makes clear that both oral depositions and depositions on written questions can be used, as well as deposition testimony from another case.
Yes. Judges can deny summary judgment with a decision on the margin, but to grant summary judgment they have to issue a written decision. Therefore, to win on summary judgment you have to convince a judge that it is a good use of his or her very limited time and resources to write the decision.
Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. Johns attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.

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EXAMPLE: If you answer the complaint admitting you owe the money, the creditor can request a judgment on the pleadings. If matters outside the pleadings are presented to the court, the court will treat the motion as a motion for summary judgment. The judge may grant the motion completely or partially.
Use a clean format: Introduction, Background, Statement of Undisputed Facts, Legal Argument, and Conclusion. What is the role of the statement of undisputed facts? It is the core of your motion. Use citations and documents to prove that no factual issue exists.
Before a court will grant summary judgment, you must be able to submit factual evidence in admissible form. This means that you must submit relevant and admissible documents, sworn statements, and/or deposition transcript excerpts to support your motion.
Rule 56 of the Federal Rules of Civil Procedure states that a motion for summary judgment must be supported or opposed by citing to particular parts of materials in the record, to include depositions, documents, electronically stored information, affidavits or declarations, stipulations * * *, admissions,
The statement must state in numerical sequence the undisputed material facts in the first column followed by the evidence that establishes those undisputed facts in that same column. Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers.

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