Motion summary judgment pdf 2025

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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.
Motions for summary judgment allow parties to obtain swift resolution without needing a full trial. The filing party demonstrates to the court that there are no genuine issues of material facts in disputes and that, based on the law and the evidence presented, they are entitled to judgment as a matter of law.
What You Need in Your Motion for Summary Judgement Title and Introduction. Clearly state the documents purpose and include the case caption. Statement of Facts. Provide a clear, detailed statement of the undisputed facts. Standard of Review. Explain the legal standard for granting summary judgment. Argument. Conclusion.
Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record . The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.
So the defendant doesnt need to bring evidence in a motion for summary judgment, it can win summary judgement simply by pointing to the plaintiffs lack of evidence.
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The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

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