Examples of Motion for Summary Judgment Form

Explore practical examples of Motion for Summary Judgment forms to understand their usage in court filings.
By Jamie

Understanding the Motion for Summary Judgment Form

A Motion for Summary Judgment is a legal document filed in court that requests the judge to rule in favor of the moving party without a trial. This motion argues that there are no genuine disputes of material fact and that the moving party is entitled to judgment as a matter of law. It is commonly used in civil litigation to expedite the resolution of a case when the facts are undisputed. Here are three diverse examples to illustrate how these forms can be applied in different contexts.

Example 1: Motion for Summary Judgment in a Personal Injury Case

In a personal injury lawsuit, a plaintiff may file a Motion for Summary Judgment to establish liability against the defendant. This example showcases how the plaintiff can argue that the evidence clearly supports their claim, leaving no material facts in dispute.

In this case, the plaintiff, Jane Doe, was injured in a car accident caused by the defendant, John Smith, who ran a red light. Jane’s attorney gathers police reports, witness statements, and medical records to support the motion.

The form would include:

  • Title: “Plaintiff’s Motion for Summary Judgment”
  • Case Caption: “Jane Doe v. John Smith, Case No. 12345”
  • Introduction: “Plaintiff Jane Doe respectfully moves this Court for an order granting summary judgment in her favor, establishing that Defendant John Smith was at fault for the car accident on January 1, 2023.”
  • Argument: “The evidence demonstrates that Defendant Smith failed to stop at a red traffic signal, as confirmed by the police report and eyewitness accounts.”
  • Conclusion: “Given the uncontested evidence, Plaintiff requests the Court grant summary judgment in her favor.”

Notes: The plaintiff must ensure all evidence is documented and attached to the motion to support their argument.

Example 2: Motion for Summary Judgment in a Breach of Contract Case

In a breach of contract case, the plaintiff may seek summary judgment to enforce a contract term that the defendant has allegedly violated. This example highlights how the plaintiff establishes that there is no need for further trial proceedings.

Here, the plaintiff, ABC Corp, is suing XYZ Inc. for failing to deliver goods as agreed in their contract. The motion aims to show that the contract was valid, the defendant breached it, and damages can be calculated based on the contract terms.

The form would include:

  • Title: “Motion for Summary Judgment for Breach of Contract”
  • Case Caption: “ABC Corp v. XYZ Inc., Case No. 67890”
  • Introduction: “Plaintiff ABC Corp moves for summary judgment against Defendant XYZ Inc. for breach of contract executed on July 1, 2022.”
  • Argument: “The contract clearly specifies delivery dates, and Defendant failed to fulfill this obligation, which is evidenced by the attached correspondence and invoices.”
  • Conclusion: “Plaintiff respectfully requests that the Court grant summary judgment, awarding damages as outlined in the contract.”

Notes: The plaintiff should include all relevant contracts and communications as exhibits to bolster their case.

Example 3: Motion for Summary Judgment in Employment Discrimination Case

In an employment discrimination case, a plaintiff may file a Motion for Summary Judgment to prove that discriminatory practices took place based on solid evidence. This example illustrates how a plaintiff might argue that there are no factual disputes regarding the discriminatory actions of the employer.

In this scenario, the plaintiff, Sarah Johnson, alleges that her employer, XYZ Corp, discriminated against her based on her gender during a hiring process. The motion seeks to demonstrate that the employer’s actions were discriminatory and violated equal employment laws.

The form would include:

  • Title: “Plaintiff’s Motion for Summary Judgment for Employment Discrimination”
  • Case Caption: “Sarah Johnson v. XYZ Corp, Case No. 11223”
  • Introduction: “Plaintiff Sarah Johnson files this Motion for Summary Judgment against Defendant XYZ Corp under Title VII of the Civil Rights Act.”
  • Argument: “The evidence, including emails and testimony from other employees, illustrates a pattern of gender discrimination in hiring practices.”
  • Conclusion: “Due to the lack of material facts in dispute, Plaintiff requests that the Court grant summary judgment in her favor.”

Notes: It’s crucial to provide documented evidence of discrimination to substantiate the claims made in the motion.