// ------------------------------------------------------------
// STATE COURT MOTION FOR SUMMARY JUDGMENT – GEORGIA TEMPLATE
// ------------------------------------------------------------
// [// GUIDANCE: This form is drafted for use in any Georgia
// Superior or State Court civil action. It
// complies with the Georgia Civil Practice Act,
// the current Uniform Superior/State Court Rules,
// and standard professional formatting.
// Bracketed ALL-CAP placeholders require user
// customization. Remove all [// GUIDANCE: …]
// comments and bracketed text before filing. ]
// ------------------------------------------------------------

IN THE SUPERIOR COURT OF [COUNTY] COUNTY

STATE OF GEORGIA

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v. Civil Action File No. [__]

[DEFENDANT FULL LEGAL NAME],
Defendant.

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, BRIEF IN SUPPORT, AND STATEMENT OF UNDISPUTED MATERIAL FACTS

[Date: [MM/DD/YYYY]]

TABLE OF CONTENTS

1. Introduction ............................................................. [p. __]
2. Statement of Undisputed Material Facts .................................... [p. __]
3. Evidence Relied Upon ...................................................... [p. __]
4. Argument and Citation of Authority ........................................ [p. ]
   4.1 Applicable Legal Standard .......................................... [p. ]
   4.2 No Genuine Issue of Material Fact .................................. [p. ]
   4.3 Defendant Is Entitled to Judgment as a Matter of Law ............... [p. ]
5. Conclusion and Prayer for Relief .......................................... [p. __]
6. Certification of Compliance with Brief Length / Font Requirements ......... [p. __]
7. Certificate of Service .................................................... [p. __]
8. Proposed Order (Exhibit A) ................................................ [p. __]

[// GUIDANCE: Insert automatic or manual page numbers after finalizing.]

1. Introduction

Defendant [DEFENDANT] (“Defendant”) respectfully moves this Court, pursuant to O.C.G.A. § 9-11-56, for entry of summary judgment in its favor on all claims asserted by Plaintiff [PLAINTIFF] (“Plaintiff”). As demonstrated below, there is no genuine issue as to any material fact and Defendant is entitled to judgment as a matter of law.

2. Statement of Undisputed Material Facts

Pursuant to O.C.G.A. § 9-11-56(c) and applicable Uniform Court Rules, Defendant submits the following numbered statements of fact, each of which is material and undisputed:

1. On [DATE], Plaintiff and Defendant executed [DESCRIPTION OF AGREEMENT]. (Ex. 1, [Citation to record evidence]).
2. Plaintiff failed to [PERFORMANCE/CONDITION] by [DATE]. (Ex. 2, [Citation]).
3. Defendant provided written notice of default on [DATE]. (Ex. 3, [Citation]).
4. [Add additional facts as necessary].

[// GUIDANCE: Each fact should (i) be concise, (ii) cite directly to sworn or otherwise admissible record evidence (affidavits, deposition excerpts, interrogatory answers, requests for admission, certified business records, etc.), and (iii) avoid argument.]

3. Evidence Relied Upon

This Motion is supported by the pleadings of record and the following evidence, submitted contemporaneously herewith:

• Exhibit 1 – [Affidavit/Deposition Transcript/Document] of [NAME];
• Exhibit 2 – [Business Records, Certified];
• Exhibit 3 – [Responses to Requests for Admission];
• Exhibit 4 – [Additional Evidence].

[// GUIDANCE: Ensure each exhibit is separately tabbed, indexed, and authenticated per O.C.G.A. Title 24 (Georgia Evidence Code).]

4. Argument and Citation of Authority

4.1 Applicable Legal Standard

Summary judgment shall be granted “if 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.” O.C.G.A. § 9-11-56(c).

The movant bears the initial burden of demonstrating the absence of a genuine factual dispute. If this burden is met, the non-movant must point to specific admissible evidence creating a triable issue; mere allegations or denials contained in the pleadings are insufficient. Id.

4.2 No Genuine Issue of Material Fact

[Insert sub-sections matching the counts/claims asserted, e.g., Breach of Contract, Negligence, Fraud.]

• Count I – Breach of Contract.
– Undisputed Facts 1-4 establish that Plaintiff materially breached the Agreement by [failure].
– Plaintiff cannot meet the essential element of [ELEMENT] because [citation to evidence].

• [Additional Counts]
– [Apply facts to each required element.]

[// GUIDANCE: Track each claim element under Georgia substantive law and cite to corresponding undisputed facts.]

4.3 Defendant Is Entitled to Judgment as a Matter of Law

Because Plaintiff cannot prove [ESSENTIAL ELEMENT(S)], and because Defendant has affirmatively established [AFFIRMATIVE DEFENSE, e.g., STATUTE OF LIMITATIONS], judgment should be entered in Defendant’s favor on all claims.

5. Conclusion and Prayer for Relief

WHEREFORE, Defendant [DEFENDANT] respectfully requests that the Court:

A. Grant this Motion and enter summary judgment in favor of Defendant on all claims asserted by Plaintiff;
B. Tax all costs of this action against Plaintiff; and
C. Award such other and further relief as the Court deems just and proper.

6. Certification of Compliance with Brief Length / Font Requirements

Pursuant to Uniform Superior Court Rule [6.1 or Local Rule reference], the undersigned certifies that this brief is prepared in [Times New Roman], 14-point font, and contains [WORD OR PAGE COUNT].

7. Certificate of Service

I hereby certify that I have this day served the foregoing DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, BRIEF IN SUPPORT, AND STATEMENT OF UNDISPUTED MATERIAL FACTS upon all counsel of record by depositing a true and correct copy of same in the United States Mail, first-class postage prepaid, addressed as follows:

[NAME & ADDRESS OF OPPOSING COUNSEL]

This [DAY] day of [MONTH], [YEAR].

Respectfully submitted,

[ATTORNEY NAME]
Georgia Bar No. [__]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Defendant

8. Proposed Order – Exhibit A

(Attach as separate document.)
[// GUIDANCE: A simple two-page proposed order should (i) recite the motion, (ii) state that no genuine issue of material fact exists, and (iii) GRANT the motion, entering judgment for Defendant on all claims. Provide signature line for the Judge and include “Prepared by” and “Consented to as to form” signature blocks if required by local practice.]

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// END OF TEMPLATE
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[// GUIDANCE: Before filing, double-check (1) local rule briefing/page limits; (2) calendar deadlines for summary-judgment motions (often tied to the discovery-period end); (3) that every factual assertion is supported by admissible evidence; (4) that record citations correspond exactly to exhibit page numbers; and (5) that the Certificate of Service complies with O.C.G.A. § 9-11-5.]