Building a Motion for Summary Judgement Template That Tracks Rule 56 Requirements

                  UNITED STATES DISTRICT COURT
                  [DISTRICT] DISTRICT OF [STATE]


[PLAINTIFF FULL LEGAL NAME],          )
                                      )
              Plaintiff,              )    Case No. [Case Number]
                                      )
v.                                    )    Judge [Last Name]
                                      )
[DEFENDANT FULL LEGAL NAME],          )
                                      )
              Defendant.              )
______________________________________)


    PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO
            FEDERAL RULE OF CIVIL PROCEDURE 56


    Plaintiff [Plaintiff Full Legal Name] ("Plaintiff"), by
and through undersigned counsel, respectfully moves this Court
under Federal Rule of Civil Procedure 56 for summary judgment
on [Count I / the claim for ____] on the ground that there is
no genuine dispute as to any material fact and Plaintiff is
entitled to judgment as a matter of law. This motion is
supported by the accompanying Statement of Undisputed Material
Facts, the Memorandum of Law, the Declaration of [Name] with
exhibits, and a proposed order.


         STATEMENT OF UNDISPUTED MATERIAL FACTS


    1.  [State the first material fact in a single sentence.]
        Cite: [Ex. A, Smith Dep. 42:3-18.]

    2.  [State the second material fact.]
        Cite: [Ex. B, Defendant's Resp. to RFA No. 4.]

    3.  [Continue. Each numbered fact gets a citation to a
        particular part of the record. Facts the opposing
        party cannot dispute on the evidence belong here;
        argument does not.]
        Cite: [Ex. C, ____.]


              MEMORANDUM OF LAW


I.   INTRODUCTION

     [Two to four sentences identifying the claim and why no
     trial is needed. Example: "The signature and the default
     are both admitted. With no evidence supporting any
     defense, only a legal question remains, and it is decided
     for Plaintiff."]


II.  LEGAL STANDARD

     Summary judgment must be granted "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." Fed. R. Civ. P. 56(a). The movant may carry this
     burden by pointing to the absence of evidence supporting
     an essential element of the nonmovant's case. Celotex
     Corp. v. Catrett, 477 U.S. 317, 325 (1986). A dispute is
     "genuine" only if the evidence is such that a reasonable
     jury could return a verdict for the nonmoving party.
     Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
     (1986). The court draws all reasonable inferences in the
     light most favorable to the nonmoving party but does not
     weigh the evidence or make credibility findings.
     Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475
     U.S. 574, 587-88 (1986).


III. ARGUMENT

     A.  [The first essential element is established by
         undisputed fact.]

         [Tie the numbered undisputed facts above to the
         element. Show that the opposing party has no
         admissible evidence creating a genuine dispute.]


     B.  [The opposing party cannot raise a genuine dispute
         on the remaining element.]

         [Under Celotex, the absence of evidence on an
         element on which the nonmovant bears the burden of
         proof is itself a ground for summary judgment.]


IV.  CONCLUSION

     For the foregoing reasons, Plaintiff respectfully
requests that the Court grant summary judgment on [the claim],
enter judgment as a matter of law in Plaintiff's favor, and
grant such other relief as the Court deems just. A proposed
order is attached.


Dated: ____________, 20____.


                         Respectfully submitted,


                         ______________________________________
                         [Attorney Name], Esq.
                         [State] Bar No. ______________
                         [Firm Name]
                         [Firm Address]
                         Telephone: (___) ___-____
                         Email: __________________
                         Attorney for Plaintiff


================================================================
              DECLARATION IN SUPPORT (RULE 56(c)(4))
================================================================

    I, [Name], declare under penalty of perjury that the
following is true and correct of my own personal knowledge,
and that I am competent to testify to these matters:

    1.  [Fact within the declarant's personal knowledge.]
    2.  [Fact, attaching the referenced document as an
        exhibit.]

    Executed on ____________, 20____.

                         ______________________________________
                         [Declarant Name]


================================================================
                    CERTIFICATE OF SERVICE
================================================================

    I HEREBY CERTIFY that on this _____ day of ____________,
20____, I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system, which will serve a notice of
electronic filing on all counsel of record.


                         ______________________________________
                         [Attorney Name], Esq.