Motion summary judgment 2026

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  1. Click ‘Get Form’ to open the motion summary judgment document in the editor.
  2. Begin by filling in the case details at the top, including the names of the plaintiff and defendants, as well as the case number.
  3. In section one, provide a brief overview of the defendant's motion for summary judgment, including dates and attached exhibits.
  4. For section two, summarize the court's previous ruling on the motion for summary judgment, ensuring to include relevant dates.
  5. In section three, clearly outline your reasons for requesting reconsideration. Use bullet points to list specific arguments against the plaintiff's response.
  6. If applicable, move to the alternative request section and specify any questions of law you wish to certify for interlocutory appeal.
  7. Complete your signature block at the end of the document, including your name and contact information.
  8. Finally, review all entries for accuracy before saving or sharing your completed form directly from our platform.

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The plaintiffs burden on summary judgment is to produce admissible evidence on each element of a cause of action entitling them to judgment. (Code Civ.
Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. Show that a dispute exists on a material fact. Show that the law does not support judgment on the undisputed facts.
If summary judgment is denied, then the case will move forward to trial and the costs of litigation to both sides will likely increase substantially.
It is established that although there is no discretion to enter summary judgment when there is a genuine issue as to any material fact, there is discretion to deny summary judgment when it appears that there is no genuine issue as to any material fact.
Take summary judgment motions seriously. They can end your case and just because the standard of review on appeal is de novo, dont assume that will help you. Appellate court judges themselves estimate that only about 35% of the summary judgments granted are reversed on appeal.

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The odds of winning a summary judgment, known as the grant rate, vary widely by case type. The most common grant of summary judgment is in Title VII and employment cases. These are granted in whole in 49.2% of cases, in part in 23.3% of cases, and denied in 27.5% of cases.

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