Summary Judgment Motion Drafting Under FRCP 56
Summary judgment motion services delivered with flat-fee pricing, two rounds of revisions, and licensed-attorney sign-off in your jurisdiction.
What an Effective MSJ Package Contains
Summary judgment motion services produce the motion, supporting memorandum of law, statement of undisputed material facts, and exhibit binder required to win or oppose summary judgment under FRCP 56. The motion must establish that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. Effective summary judgment drafting requires record citations to admissible evidence, application of the substantive law to each element, and disciplined adherence to local-rule formatting. Legal Tank's summary judgment motion services pair attorney-trained drafters with licensed-attorney sign-off in your jurisdiction.
How Our MSJ Drafting Process Works
Record review
We review the discovery record to identify facts that are truly undisputed and material.
Element-by-element argument
Each element of each claim or defense is matched to undisputed evidence.
Statement of facts and exhibits
Numbered fact statement with pin cites; exhibit binder with declarations and authenticated records.
Attorney sign-off
Licensed attorney reviews substantive accuracy and confirms Rule 56 standard is met.
Filing-ready delivery
Motion, brief, statement of facts, exhibits, proposed order, and certificate of service delivered together.
MSJ Package Components We Deliver With Every Engagement
- Motion for summary judgment.Notice of motion with grounds, relief requested, and citation to FRCP 56 or state analogue.
- Statement of undisputed material facts.Numbered fact statements with record citations admissible under FRE 56(c).
- Memorandum of law.Element-by-element legal argument applying controlling authority to undisputed facts.
- Exhibit binder.Authenticated exhibits, deposition transcripts, declarations, and discovery responses.
- Opposition to MSJ.Counter-statement of disputed facts and legal opposition with admissible record evidence.
- Reply brief.Focused reply addressing the opposition's evidence without injecting new arguments.
Summary Judgment Motion Pricing
Fast guided drafting with the structure of a professional document. Best for simple matters where you want a strong starting point.
Drafted by a vetted writer and reviewed by a licensed attorney in your jurisdiction before delivery.
Custom drafted from scratch by a licensed attorney with phone consultation and unlimited revisions until filed or signed.
MSJ Drafting: Solo Counsel vs. AmLaw Firm vs. Legal Tank
| Element | Movant Burden | Non-Movant Burden |
|---|---|---|
| Identifying basis | Show absence of genuine dispute | Identify specific facts in dispute |
| Evidence type | Admissible record evidence | Admissible record evidence |
| Standard for denial | Genuine dispute on material fact | N/A |
| Inferences | Drawn against movant | Drawn in non-movant's favor |
Pre-MSJ and Post-MSJ Engagements We Cover
Summary Judgment Questions Trial Counsel Brings Us
What comes after summary judgement?
What comes after summary judgment depends on the ruling. If summary judgment is granted in full, the case is over at the trial-court level and the losing party may file a notice of appeal within the applicable deadline (usually 30 days in federal court). If summary judgment is granted in part, the remaining claims proceed to trial. If summary judgment is denied, the case proceeds to trial on the merits, often with the parties refining trial strategy based on the summary-judgment record. Legal Tank's MSJ drafters consider the appellate consequences from the start.
What does it mean if summary judgment is granted?
If summary judgment is granted in full to one party, that party wins the entire case at the trial-court level without going to trial because the court has determined that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The losing party can typically appeal within 30 days. Partial summary judgment resolves some claims or issues but lets the rest of the case proceed.
What are the chances of winning a summary judgement?
Win rates on motions for summary judgment vary by jurisdiction, court, and case type. Federal courts grant summary judgment in roughly 30 to 50 percent of contested motions in many categories of cases, though it varies sharply by circuit and by claim type. Cases that are well-suited to summary judgment have undisputed material facts and a clear legal rule; cases that turn on credibility disputes or competing inferences are typically denied. Legal Tank screens each candidate motion for likely viability before drafting.
How do you beat a motion for summary judgement?
To beat a motion for summary judgment, the non-movant must identify specific facts in the record that create a genuine dispute of material fact, supported by admissible evidence (depositions, declarations, authenticated documents, discovery responses). The non-movant cannot rely on the pleadings alone or on speculation. The non-movant must address each of the movant's grounds in turn and tie each disputed fact back to an element of the claim or defense. Legal Tank's MSJ-opposition drafting follows this pattern.
What is the purpose of a motion for summary judgment?
The purpose of a motion for summary judgment is to resolve a case (or specific claims within a case) without trial when the material facts are undisputed and the law clearly favors one side. Summary judgment saves the parties and the court the cost and time of a trial in cases that should not require one. The motion is governed by FRCP 56 in federal court and parallel rules in state courts; the standard is no genuine dispute of material fact and entitlement to judgment as a matter of law.
Get an MSJ Package That Survives Rule 56 Scrutiny
Get a flat-fee quote for summary judgment motion services with attorney sign-off. Most engagements are quoted within hours and delivered within 1-7 business days.