Plaintiff moves to have summary judgment entered against defendant in an action concerning a default on an office lease.
Pennsylvania Motion for Summary Judgment
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How to fill out Motion For Summary Judgment?
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Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr. Smith relies on the attached memorandum of law."
Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.
If a defendant refuses to produce documents or witnesses for depositions, you can oppose the summary-judgment motion by submitting your declaration and showing that facts essential to justify your opposition may exist but cannot for reasons stated be presented to the court.
It should contain a strong legal argument, with references to the facts as well as to legal authorities such as case opinions and statutes. When supporting your argument with facts, make sure every fact you rely upon is supported by admissible evidence.
Get a Fair Hearing in Court Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
The adverse party or parties must file a response to the motion for summary judgment within thirty (30) days of service of the motion, as provided in Pa. R.C.P. No. 1035.3.
To succeed in obtaining a summary judgment, a party must present compelling evidence and legal arguments that establish there are no genuine issues of material fact to be tried.
(1) A response to the motion for summary judgment which includes a concise statement, not to exceed two pages in length, as to why the motion should not be granted. (2) A response to the statement of undisputed material facts either admitting or denying or disputing each of the facts in the movant's statement.