State Court Motion for Summary Judgment

DISTRICT COURT, [___] COUNTY, STATE OF COLORADO

Court Address: [street, city, state, zip]

Plaintiff(s): [PLAINTIFF NAME(S)]
v.
Defendant(s): [DEFENDANT NAME(S)]

Case No.: [___]
Division: [___] Courtroom: [___]

______________________________________________________________________________

DEFENDANT [NAME]’S MOTION FOR SUMMARY JUDGMENT
______________________________________________________________________________

CERTIFICATE OF CONFERRAL
Pursuant to Colo. R. Civ. P. 121 §1-15(8), undersigned counsel conferred with counsel for Plaintiff on [DATE]. Counsel [does/does not] oppose the relief requested herein.

TABLE OF CONTENTS

1. Introduction and Relief Requested
2. Statement of Undisputed Material Facts
3. Applicable Legal Standard

4. Argument
   4.1 Claim One – [Title]
   4.2 Claim Two – [Title]
   4.3 Alternative Grounds (if any)

5. Conclusion and Request for Relief

6. Request for Oral Argument (optional)
7. Certificate of Compliance with C.R.C.P. 121 §1-15(1)(a)
8. Certificate of Service

Page limits: 25 pages (motion) / 25 pages (response) / 15 pages (reply) – C.R.C.P. 121 §1-15(1)(a) (summary judgment motions under C.R.C.P. 56 receive the higher dispositive-motion page limits).

1. INTRODUCTION AND RELIEF REQUESTED

Defendant [NAME] respectfully moves, pursuant to Colo. R. Civ. P. 56, for entry of summary judgment on all claims asserted by Plaintiff [NAME] because no genuine dispute exists as to any material fact and Defendant is entitled to judgment as a matter of law. As set forth below, the undisputed evidence—viewed in the light most favorable to Plaintiff—establishes that [brief, high-level rationale].

2. STATEMENT OF UNDISPUTED MATERIAL FACTS

1. On [DATE], Plaintiff and Defendant executed the [CONTRACT] (Ex. A, ¶ __).
2. Plaintiff expressly acknowledged [FACT] (Ex. B, Dep. of [NAME] 00:00–00:00).
3. [Continue as needed].

3. APPLICABLE LEGAL STANDARD

Under Colo. R. Civ. P. 56(c), summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, admissions, affidavits, or other evidence demonstrate that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” The movant bears the initial burden of establishing an absence of disputed material fact; the burden then shifts to the non-movant to set forth specific facts showing a triable issue. See Colo. R. Civ. P. 56(e).

4. ARGUMENT

4.1 Claim One – [E.g., Breach of Contract]

1. Element 1 – Existence of Contract. Undisputed Facts ¶¶ 1–3 establish a valid contract.
2. Element 2 – Breach. Undisputed Facts ¶¶ 4–6 show Defendant performed; Plaintiff cannot show non-performance.
3. Element 3 – Damages. Plaintiff admitted no damages (Undisputed Facts ¶ 7).
   Accordingly, no reasonable jury could find for Plaintiff on this claim.

4.2 Claim Two – [E.g., Negligence] (If applicable)

[Analyze each element against the undisputed facts and cite evidence.]

4.3 Alternative Grounds (Optional)

[Present any affirmative defenses or statutory bars (e.g., statute of limitations) that independently warrant judgment.]

5. CONCLUSION AND REQUEST FOR RELIEF

For the foregoing reasons, Defendant [NAME] respectfully requests that the Court:
a. Grant this Motion and enter judgment in Defendant’s favor on all claims;
b. Award costs pursuant to Colo. R. Civ. P. 54(d); and
c. Grant such further relief as the Court deems just and proper.

6. REQUEST FOR ORAL ARGUMENT (optional)

Pursuant to Colo. R. Civ. P. 121 §1-15(4), Defendant requests oral argument on this Motion. The issues presented would benefit from oral presentation because [reason]. Estimated time requested: [minutes].

7. CERTIFICATE OF COMPLIANCE WITH C.R.C.P. 121 §1-15(1)(a)

I hereby certify that this Motion complies with the applicable page limitation set forth in C.R.C.P. 121 §1-15(1)(a); it consists of ___ pages, excluding caption, signature block, certificates, and attachments.

8. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of the foregoing Motion for Summary Judgment was served via [ICCE / Colorado Courts E-filing / other method] on the following:
[Opposing Counsel’s Name and Address]

/s/ [ATTORNEY NAME]
[ATTORNEY NAME], #________
[Law Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Defendant [NAME]

EXHIBIT INDEX

Ex. A – [Title]
Ex. B – [Title]
Ex. C – [Title]