State Court Motion for Summary Judgment

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA
_______________________________________
[PLAINTIFF NAME], )
Plaintiff, )
) Case No. [___]
v. )
)
[DEFENDANT NAME], )
Defendant. )
_______________________________________ )

MOTION FOR SUMMARY JUDGMENT AND SUPPORTING MEMORANDUM

TABLE OF CONTENTS
I. Motion for Summary Judgment ............................................... 2
II. Definitions ............................................................... 3
III. Operative Provisions (Relief Requested) ................................... 3
IV. Memorandum of Law in Support .............................................. 4
A. Procedural History ..................................................... 4
B. Statement of Undisputed Material Facts ................................. 4
C. Standard of Review ..................................................... 5
D. Argument ............................................................... 6
E. Conclusion ............................................................. 7
V. Evidentiary Materials Filed Contemporaneously ............................. 8
VI. Proposed Order ............................................................ 9
VII. Certificate of Service .................................................... 10

I. DOCUMENT HEADER
Effective Date: [DATE OF FILING]
Jurisdiction: State of Alabama – governed by Alabama Rules of Civil Procedure (“ARCP”) and any applicable local rules of the ☐ Judicial Circuit.

II. DEFINITIONS

For purposes of this Motion and the accompanying Memorandum:

1. “Action” means the above-captioned civil action pending before this Court.
2. “Movant” means the party filing this Motion, i.e., [PLAINTIFF/DEFENDANT], as context dictates.
3. “Non-Movant” means the opposing party, i.e., [PLAINTIFF/DEFENDANT].
4. “Rule 56” means Rule 56 of the Alabama Rules of Civil Procedure.

III. OPERATIVE PROVISIONS (RELIEF REQUESTED)

1. Pursuant to Rule 56, Movant respectfully moves this Court to enter summary judgment in Movant’s favor on all claims and defenses in the Action.
2. Movant further requests that the Court:
   a. Dismiss with prejudice all claims asserted by Non-Movant;
   b. Tax costs, including allowable attorney fees where authorized by statute, contract, or court order, against Non-Movant; and
   c. Grant such other and further relief as the Court deems just and proper.

IV. MEMORANDUM OF LAW IN SUPPORT

A. Procedural History

1. On [DATE], Non-Movant filed the [COMPLAINT/COUNTERCLAIM] asserting [CAUSES OF ACTION].
2. Movant timely answered on [DATE], denying liability and asserting affirmative defenses.
3. Discovery closed on [DATE]. No material fact remains in dispute, and the record is ripe for summary judgment.

B. Statement of Undisputed Material Facts

1. [FACT 1] (Supported by Exhibit 1 – Affidavit of [NAME]).
2. [FACT 2] (Supported by Exhibit 2 – Deposition of [NAME] at pp. __–__).
3. [FACT 3] (Supported by Exhibit 3 – Business Records of [ENTITY]).

C. Standard of Review

1. Rule 56(c) permits summary judgment when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Ala. R. Civ. P. 56(c).
2. The movant bears the initial burden of demonstrating the absence of a genuine issue of material fact; the burden then shifts to the non-movant to produce substantial evidence creating such an issue.
3. “Substantial evidence” is defined by statute as “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” Ala. Code § 12-21-12(d).

D. Argument

1. Count I – [E.G., Breach of Contract]
   a. Element 1: Existence of a valid contract – Undisputed (Fact 1; Exhibit 1).
   b. Element 2: Breach – Undisputed (Fact 2; Exhibit 2).
   c. Element 3: Damages – Undisputed (Fact 3; Exhibit 3).
   d. Because Non-Movant cannot produce substantial evidence to refute any element, Movant is entitled to judgment as a matter of law.

2. Count II – [E.G., Negligence]
   a. Duty – Conceded or undisputed.
   b. Breach – Unsupported by admissible evidence.
   c. Proximate causation – Unsupported by admissible evidence.
   d. Damages – Speculative and therefore insufficient under Ala. Code § 12-21-12(d).

3. Affirmative Defenses (if applicable)
   a. Statute of Limitations – Action filed outside the two-year limitations period for [TORT] under Ala. Code § 6-2-38.
   b. Failure to Mitigate – Uncontroverted testimony of [NAME] (Exhibit 4).

E. Conclusion
WHEREFORE, Movant respectfully requests that the Court grant this Motion, enter summary judgment in favor of Movant on all claims and defenses, and grant such further relief as the Court deems just and equitable.

V. EVIDENTIARY MATERIALS FILED CONTEMPORANEOUSLY

1. Exhibit 1 – Affidavit of [NAME] (executed [DATE]);
2. Exhibit 2 – Excerpts from Deposition of [NAME] (taken [DATE]);
3. Exhibit 3 – Certified Business Records of [ENTITY];
4. Exhibit 4 – [OTHER DOCUMENT];
5. [PROPOSED] Statement of Undisputed Facts (if required under local rule); and
6. Proposed Order Granting Summary Judgment.

VI. PROPOSED ORDER

[ // GUIDANCE: File the proposed order as a separate upload if the Court’s e-filing system requires it. Below is a template that may be reformatted onto the Court’s standard order form. ]

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA
_______________________________________
[PLAINTIFF],                               )
      Plaintiff,                           )
                                           )   Case No. [___]
v.                                         )
                                           )
[DEFENDANT],                               )
      Defendant.                           )
_______________________________________    )

         [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT

This matter is before the Court on the Motion for Summary Judgment filed by [Movant] on [DATE]. Having reviewed the Motion, the supporting evidentiary materials, and any response filed by [Non-Movant], and having considered the applicable law, the Court finds that there is no genuine issue as to any material fact and that Movant is entitled to judgment as a matter of law pursuant to Rule 56 of the Alabama Rules of Civil Procedure.

It is therefore ORDERED, ADJUDGED, and DECREED as follows:

1. The Motion for Summary Judgment is GRANTED.  
2. All claims asserted by [Non-Movant] against [Movant] are DISMISSED WITH PREJUDICE.  
3. Costs of court are taxed to [Non-Movant].  
4. The Court retains jurisdiction to consider any timely motion for allowable attorney fees or costs.  

DONE and ORDERED this the ____ day of __________, 20__.

_________________________________  
Circuit Judge

VII. CERTIFICATE OF SERVICE

I certify that on this ___ day of __________, 20__, I electronically filed (or, if e-filing unavailable, served via U.S. Mail) the foregoing Motion for Summary Judgment, Memorandum, and all supporting materials on:

[NAME], Esq.
[Address]
[Email]

_________________________________
[ATTORNEY NAME]
Attorney for [Movant]
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

ADDITIONAL COMPLIANCE NOTES & GUIDANCE

1. Briefing/Page Limits: Alabama’s statewide civil rules do not impose a universal page limit for trial-court motions; however, numerous Circuits (e.g., the Tenth Judicial Circuit—Jefferson County) set a 50-page limit for principal briefs unless leave of court is obtained. Insert the following if applicable:

2. Response Deadline: Rule 56(c) requires service of the motion at least ten (10) days before the hearing. Some Circuits set specific response times (commonly 21 days). Include the preferred hearing date in a separate Notice of Hearing, or incorporate:

“Movant requests the Court to set a hearing on or after [DATE + 10 days], or as soon thereafter as the Court’s schedule permits.”

3. Evidentiary Requirements: Affidavits must:
   • Be sworn or affirmed,
   • Be based on personal knowledge,
   • Set forth facts admissible in evidence, and
   • Affirm the affiant’s competency to testify to the matters stated. (ARCP 56(e)).
   Unsigned or unsworn materials (e.g., discovery extracts not certified by the court reporter) are typically inadmissible.

4. Record Citations: Pinpoint cite every factual assertion to the specific page/paragraph of the supporting exhibit to ensure compliance with the “substantial evidence” standard of Ala. Code § 12-21-12(d).

5. Oral Argument: Many Alabama Circuit Courts require a written request for oral argument. If desired, add:

“Movant believes oral argument will assist the Court and respectfully requests same pursuant to Local Rule [X] or, if no local rule governs, at the Court’s discretion.”

6. Proposed Orders: Some judges require proposed orders in editable (e.g., Word) format emailed directly to chambers. Confirm and comply with the judge’s individual preferences.

7. Electronic Filing: Alabama’s AlaFile system requires PDF filings with bookmarks for exhibits. Label each exhibit in the filename (e.g., “Ex 1 – Smith Affidavit.pdf”).

8. Confidential Information: Redact personal identifiers (e.g., SSN, birthdates, financial account numbers) under Ala. R. Jud. Admin. 15.

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