Federal Motion for Summary Judgment Checklist

Court: United States District Court for the [________________________________]

Case Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

Moving Party: ☐ Plaintiff ☐ Defendant

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Threshold Considerations

Timing Requirements (FRCP 56(b))

☐ Motion filed within deadline:
☐ At any time until 30 days after close of all discovery (default)
☐ Earlier deadline set by court order: [__/__/____]
☐ Earlier deadline per local rule: [__/__/____]
☐ Sufficient time for adequate discovery has elapsed
☐ Discovery deadline: [__/__/____]
☐ Dispositive motion deadline: [__/__/____]

Scope of Motion

☐ Full summary judgment on all claims/defenses
☐ Partial summary judgment (FRCP 56(a)):
☐ Specific claim(s): [________________________________]
☐ Specific defense(s): [________________________________]
☐ Specific issue(s): [________________________________]

II. Legal Standard Checklist

Summary Judgment Standard (FRCP 56(a))

☐ Motion establishes movant is entitled to judgment as a matter of law
☐ No genuine dispute as to any material fact
☐ Evidence viewed in light most favorable to non-moving party
☐ All reasonable inferences drawn in favor of non-moving party

Burden of Proof Considerations

☐ Moving party's initial burden identified
☐ If movant bears burden at trial: must establish each element
☐ If movant does not bear burden: must show absence of evidence on element
☐ Burden-shifting framework addressed

III. Required Documents

Motion for Summary Judgment

☐ Caption with full court name and case number
☐ Title identifies claims/defenses addressed
☐ Grounds for motion clearly stated
☐ Relief requested specified
☐ Signature block with FRCP 11 certification

Memorandum of Law in Support

☐ Page/word limit: [____] (per local rule)
☐ Table of Contents (if required)
☐ Table of Authorities (if required)
☐ Introduction/Statement of Issues
☐ Statement of Undisputed Facts (with citations)
☐ Legal Standard section
☐ Argument section
☐ Conclusion

Statement of Undisputed Material Facts

☐ Required by local rule: ☐ Yes ☐ No
☐ If required:
☐ Separately numbered paragraphs
☐ Each fact supported by citation to evidence
☐ Citations to specific page/paragraph numbers
☐ Only material facts included
☐ Statement is concise and not argumentative

IV. Supporting Evidence (FRCP 56(c))

Types of Admissible Evidence

☐ Depositions (designated portions)
☐ Documents (properly authenticated)
☐ Electronically stored information (ESI)
☐ Affidavits or declarations
☐ Stipulations
☐ Admissions (FRCP 36)
☐ Interrogatory answers
☐ Other materials

Declaration/Affidavit Requirements (FRCP 56(c)(4))

☐ Made on personal knowledge
☐ Sets out facts that would be admissible in evidence
☐ Shows declarant/affiant is competent to testify

Evidence Compilation

☐ All cited evidence attached to motion
☐ Evidence organized (numbered exhibits)
☐ Exhibit list prepared
☐ Relevant pages highlighted or excerpted
☐ Deposition transcripts: relevant pages only

V. Opposing Summary Judgment (For Response)

Opposition Requirements

☐ Opposition deadline: [__/__/____] (typically 14-21 days per local rule)
☐ Page/word limit: [____]

Response to Statement of Facts

☐ Required to respond to each numbered fact
☐ For each fact:
☐ Admit, or
☐ Deny with citation to contradicting evidence, or
☐ State that fact is not material

Statement of Additional Facts

☐ Additional disputed facts set forth (if permitted)
☐ Each fact supported by evidence citation

FRCP 56(d) Declaration

☐ If discovery needed, file 56(d) declaration showing:
☐ Specific facts not yet available
☐ Why those facts are essential to opposition
☐ What discovery is needed
☐ Why discovery could not have been completed earlier

VI. Reply Brief

Reply Requirements

☐ Reply deadline: [__/__/____] (typically 7-14 days per local rule)
☐ Page/word limit: [____]
☐ Reply addresses opposition arguments only
☐ No new arguments or evidence (generally)

Reply to Statement of Facts

☐ Response to non-movant's additional facts (if required)

VII. Local Rule Compliance

Common Local Requirements

Statement of Undisputed Facts Format:
☐ Separate document required: ☐ Yes ☐ No
☐ Numbered paragraphs format
☐ Single fact per paragraph
☐ Pinpoint citations required

Page/Word Limits:
☐ Opening brief: [____] pages or [____] words
☐ Opposition: [____] pages or [____] words
☐ Reply: [____] pages or [____] words

Additional Local Requirements:
☐ Certificate of compliance with word limit
☐ Appendix of record evidence
☐ Joint appendix required
☐ Proposed order required

District: [________________________________]

☐ Local rules reviewed
☐ Judge-specific procedures reviewed

VIII. CM/ECF Filing

Document Order for Filing

☐ Motion for Summary Judgment (main document)
☐ Memorandum of Law in Support
☐ Statement of Undisputed Material Facts
☐ Declarations/Affidavits
☐ Exhibits (numbered)
☐ Proposed Order (if required)

Filing Checklist

☐ All documents in searchable PDF format
☐ Proper docket event selected
☐ All documents linked correctly
☐ File sizes within limits
☐ Certificate of service included

IX. Oral Argument

Requesting Oral Argument

☐ Oral argument requested: ☐ Yes ☐ No
☐ Request included in motion or separate filing
☐ Local rule for oral argument reviewed

Hearing Preparation

☐ Hearing date: [__/__/____]
☐ Hearing time: [____]
☐ Courtroom: [________________________________]
☐ Presentation materials prepared
☐ Key cases for argument identified

X. Evidentiary Considerations

Objections to Evidence

☐ Review opponent's evidence for admissibility
☐ Evidentiary objections prepared (if filing opposition)
☐ Authentication issues identified
☐ Hearsay issues identified
☐ Foundation issues identified

Sham Affidavit Doctrine

☐ Prior deposition testimony reviewed
☐ Declarations consistent with prior testimony
☐ No contradictory statements

XI. Special Motion Types

Cross-Motion for Summary Judgment

☐ Both parties move for summary judgment
☐ Each motion evaluated separately
☐ Both can be denied if disputes exist

Partial Summary Judgment

☐ Specific issues identified for resolution
☐ Remaining issues identified for trial
☐ Bifurcation considerations addressed

XII. Post-Filing Considerations

If Motion Granted

☐ Proposed judgment submitted
☐ Costs/fees motion deadline noted
☐ Appeal deadline calculated (30 days)

If Motion Denied

☐ Trial preparation continues
☐ Motions in limine deadline noted
☐ Pretrial order requirements reviewed

If Partially Granted

☐ Remaining claims/defenses identified
☐ Revised trial plan prepared
☐ Interlocutory appeal considered (rare)

XIII. Quality Control

Final Review

☐ Statement of facts is accurate and complete
☐ All facts are undisputed AND material
☐ Legal arguments are sound
☐ All evidence properly authenticated
☐ Citations are accurate
☐ Page/word limits satisfied
☐ Signature block complete
☐ Service requirements met

XIV. Document Tracking Log

Sources and References

• Federal Rules of Civil Procedure Rule 56: https://www.law.cornell.edu/rules/frcp/rule_56
• FRCP (full text): https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure
• Local Rules: [Specific District Court Website]

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]