Sample Motion for Summary Judgment by Defendant in United States District Court.

Sample Motion for Summary Judgment by Defendant in United States District Court

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Sample Motion for Summary Judgment by Defendant in United States District Court.

This sample motion for summary judgment by defendant in United States District Court is filed pursuant to Federal Rule of Civil Procedure 56 on the grounds that the plaintiff cannot establish the existence of every element or certain elements essential to the causes of action in their complaint and on which they will bear the burden of proof at trial. 

The sample has been revised and updated in 2019, is 17 pages and includes,

  • Brief instructions,
  • Table of contents and table of authorities,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Statement of uncontroverted facts and conclusions of law,
  • Sample declaration,
  • Proposed judgment granting summary judgment, and
  • Proof of service by mail.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.