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Motion for summary judgment example

Motion summary judgment sample 2025

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The document is a legal motion filed by the Plaintiff, as Administrator of the Estate of a deceased individual, seeking Partial Summary Judgment against the Defendants for negligence related to a fatal car accident. The Plaintiff argues that there are no genuine issues of material fact regarding the liability of the Defendants, asserting that the collision was caused by the negligence of a minor driver who crossed into oncoming traffic. The motion includes undisputed facts supporting this claim and requests the court to rule in favor of the Plaintiff.

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Click ‘Get Form’ to open the motion summary judgment sample in the editor.
Begin by filling in the court name and county at the top of the document. This establishes the jurisdiction for your case.
Next, enter the state where the case is being filed, followed by the names of the petitioner/plaintiff and respondent/defendant in their respective sections.
In the section labeled 'PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT', specify the rule under which you are filing. This is crucial for legal clarity.
Detail your claims regarding negligence and proximate causation, ensuring that all relevant facts are clearly stated. Use bullet points for each undisputed fact to enhance readability.
Complete your contact information at the bottom of the form, including your name, title, address, phone number, and email.
Finally, review all entries for accuracy before saving or exporting your completed document directly from our platform.

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What happens when a plaintiff wins summary judgment?

Once the summary judgment is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.

How often are summary judgments overturned?

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.

What is a motion for summary judgment?

Under FRCP 56, a motion for summary judgment may be filed until 30 days after the close of discovery , unless a local rule or court order states otherwise. Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record .

What are the odds of winning a summary judgement?

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.

Why would summary judgment be denied?

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.

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How do you beat a motion for summary judgement?

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.

What is the burden of proof for summary judgment?

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.