Filing a motion for summary judgment can be a powerful tool in litigation. When the facts are undisputed and the law is clear, summary judgment can provide a quick and efficient resolution to a case. A well-drafted summary judgment brief is essential to persuading the court to grant your motion.
This article provides a template for a summary judgment brief. The template includes sections for the introduction, statement of facts, legal argument, and conclusion. Each section is explained in detail, with examples of how to draft persuasive language.
Introduction
The introduction of your brief should provide a brief overview of the case and the relief you are seeking. State the legal standard for summary judgment and explain how the facts of your case meet that standard.
For example, you could write: “Plaintiff brings this motion for summary judgment on its breach of contract claim. The undisputed facts show that Defendant failed to perform its contractual obligations, causing Plaintiff to suffer damages. As there are no genuine issues of material fact in dispute, Plaintiff is entitled to judgment as a matter of law.”
Statement of Facts
The statement of facts should provide a concise recitation of the undisputed facts of the case. Avoid including any argument or speculation. Instead, focus on providing a clear and objective account of the events that led to the lawsuit.
Use specific examples and evidence to support your statements. For example, you could write: “On January 1, 2023, Plaintiff entered into a contract with Defendant to purchase a car. The contract stated that the car would be delivered on February 1, 2023. Defendant failed to deliver the car on February 1, 2023, or at any time thereafter.”
Legal Argument
The legal argument section of your brief should explain how the law applies to the facts of your case. Argue that there are no genuine issues of material fact in dispute and that you are entitled to judgment as a matter of law.
Support your argument by citing to relevant case law and statutes. For example, you could write: “The law is clear that a breach of contract occurs when one party fails to perform its contractual obligations. In this case, Defendant failed to deliver the car on the agreed-upon date. This breach of contract caused Plaintiff to suffer damages.”
Conclusion
The conclusion of your brief should summarize your main arguments and restate your request for relief. Thank the court for its time and consideration.
For example, you could write: “For the foregoing reasons, Plaintiff respectfully requests that this Court grant its motion for summary judgment and enter judgment in its favor against Defendant.”