State Court Motion for Summary Judgment

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

Case No.: [CASE NUMBER]

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
(Ariz. R. Civ. P. 56)

[ORAL ARGUMENT REQUESTED]
[EXPEDITED CONSIDERATION REQUESTED, if applicable]

TABLE OF CONTENTS

1. Introduction & Relief Requested
2. Statement of Undisputed Material Facts (“SUMF”)
3. Issues Presented
4. Legal Standard

5. Argument
   5.1. Element 1: …
   5.2. Element 2: …
   5.n. …

6. Conclusion & Prayer for Relief

7. Request for Oral Argument (optional)
8. Attachments & Supporting Documents
9. Certificate of Service

1. INTRODUCTION & RELIEF REQUESTED

Pursuant to Rule 56 of the Arizona Rules of Civil Procedure, [DEFENDANT NAME] (“Defendant”) respectfully moves for summary judgment on all claims asserted by [PLAINTIFF NAME] (“Plaintiff”). There is no genuine dispute as to any material fact and Defendant is entitled to judgment as a matter of law.

2. STATEMENT OF UNDISPUTED MATERIAL FACTS (“SUMF”)

Defendant contemporaneously files a Separate Statement of Undisputed Material Facts, supported by admissible evidence as required by Ariz. R. Civ. P. 56(c)(3). Those facts are incorporated herein by reference.

3. ISSUES PRESENTED

1. Whether Defendant owed Plaintiff a legal duty under [identify statute/contract].
2. Whether Defendant breached any such duty.
3. Whether Plaintiff can establish causation and legally cognizable damages.
4. Whether any affirmative defense (e.g., statute of limitations, comparative fault) bars Plaintiff’s claims.

4. LEGAL STANDARD

A court shall grant summary judgment when “there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.” Ariz. R. Civ. P. 56(a). The moving party bears the initial burden of demonstrating the absence of a genuine factual dispute; the burden then shifts to the non-movant to produce admissible evidence showing a triable issue. See id. 56(c)(1)–(3).

5. ARGUMENT

5.1 Element 1 – [Legal Duty / Contract Formation / Etc.]

• Undisputed Fact ¶ [REF] establishes __________.
• Under the plain language of [contract/statute], Defendant had no duty to __________.
Therefore, no duty exists as a matter of law.

5.2 Element 2 – [Breach / Non-Performance]

• Undisputed Fact ¶ [REF] shows __________.
• Even if a duty existed, the evidence conclusively negates breach.

5.n Other Elements / Affirmative Defenses

…

5.x Damages

• Plaintiff cannot prove legally recoverable damages (Undisputed Fact ¶ [REF]).
• Arizona law precludes speculative damages, and Plaintiff offers no admissible evidence of actual loss.

6. CONCLUSION & PRAYER FOR RELIEF

For the foregoing reasons, Defendant respectfully requests that the Court:
a. Grant this Motion for Summary Judgment in its entirety;
b. Enter judgment in favor of Defendant and against Plaintiff on all claims;
c. Award Defendant its taxable costs pursuant to Ariz. R. Civ. P. 54(f); and
d. Grant such other and further relief as the Court deems just and proper.

7. REQUEST FOR ORAL ARGUMENT (OPTIONAL)

Pursuant to Ariz. R. Civ. P. 7.2(f), Defendant requests oral argument. Oral argument will assist the Court by __________.

8. ATTACHMENTS & SUPPORTING DOCUMENTS

1. Separate Statement of Undisputed Material Facts (Rule 56(c)(3))
2. Exhibits A–___ (Affidavits, deposition excerpts, contracts, business records, etc.)
3. [Proposed] Form of Judgment

9. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], the foregoing Motion for Summary Judgment was electronically filed and served via [E-FILE SYSTEM / E-SERVICE PROVIDER] on:

• [OPPOSING COUNSEL NAME], Esq.
 [Law Firm]
 [Email Address]

/ / /

DATED this ___ day of [MONTH] [YEAR].

Respectfully submitted,

[LAW FIRM NAME]  
By: _____________________________  
 [ATTORNEY NAME]  
 Attorneys for [Defendant]

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

(Filed as a separate pleading—abbreviated template included for convenience)

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

Case No.: [CASE NUMBER]

DEFENDANT’S STATEMENT OF UNDISPUTED MATERIAL FACTS
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
(Ariz. R. Civ. P. 56)

1. [FACT #1]. (Ex. A, [Citation])
2. [FACT #2]. (Ex. B, [Citation])
   …
   n. [FACT #n]. (Ex. n, [Citation])

DATED this ___ day of [MONTH] [YEAR].

[LAW FIRM NAME]
By: _____________________________
 [ATTORNEY NAME]
 Attorneys for [Defendant]

PRACTICE NOTES & COMPLIANCE CHECKLIST

1. Page Limit: Motions are limited to 17 pages pursuant to Ariz. R. Civ. P. 7.1(a); the SUMF and exhibits do not count toward this limit.
2. Evidence: Attach sworn or certified evidence only—affidavits must comply with Rule 56(c)(4) (made on personal knowledge, setting out admissible facts, etc.).
3. Timing: Under Rule 56(b), a motion may be filed at any time until 30 days after the close of discovery unless otherwise ordered. Verify scheduling order deadlines.
4. Reply Brief: Must be filed within 10 days after the response (Rule 7.1(a)(3)).
5. Good-Faith Conference: Not required for dispositive motions in Arizona state court, but check local practice.
6. Proposed Order: Many divisions require a Word-format proposed order uploaded separately for electronic signature.
7. Oral Argument: If requested, file a Notice of Oral Argument and coordinate with the judicial assistant per division protocol.
8. Rule Citations Only: Per client instruction, do not include case law citations; rely on statutory or rule authority only.

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