IN THE DISTRICT COURT OF THE [___] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.

Case No. [___]

DEFENDANT [___]’S MOTION FOR SUMMARY JUDGMENT
(With Supporting Memorandum, Affidavit, Statement of Undisputed Material Facts,
and Certificate of Service)

[// GUIDANCE: Replace bracketed items with party- and case-specific information. Confirm the assigned judicial district (e.g., “Fourth”) and county (e.g., “Ada”).]

TABLE OF CONTENTS

1. Notice of Motion and Motion
2. Memorandum of Points and Authorities
   2.1 Introduction
   2.2 Statement of Undisputed Material Facts
   2.3 Summary-Judgment Standard (Idaho R. Civ. P. 56)
   2.4 Argument
   2.5 Conclusion & Prayer for Relief
3. Affidavit/Declaration of [Name]
4. Separate Statement of Undisputed Material Facts
5. [Proposed] Order
6. Certificate of Service

1. NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [DATE] at [TIME] a.m./p.m., or as soon thereafter as counsel may be heard, in Courtroom [] of the above-entitled Court, Defendant [] (“Movant”) will and hereby does move the Court, pursuant to Idaho Rule of Civil Procedure 56, for an order granting summary judgment in Movant’s favor and against Plaintiff [___] on all claims (or specify counts) asserted in the Complaint.

This motion is based upon:

• this Notice of Motion and Motion;
• the accompanying Memorandum of Points and Authorities (not to exceed twenty-five (25) pages per I.R.C.P. 7(b)(3)(D));
• the Affidavit/Declaration of [Name] and attached exhibits;
• the Separate Statement of Undisputed Material Facts required by I.R.C.P. 56(c)(1);
• all pleadings and papers on file; and
• such oral argument or additional evidence as the Court may permit.

[// GUIDANCE: Idaho district courts generally require a hearing notice period of at least 14 calendar days (I.R.C.P. 7(b)(3)(A)). Confirm any local scheduling orders.]

2. MEMORANDUM OF POINTS AND AUTHORITIES

2.1 Introduction

[One- to two-paragraph overview stating why no genuine issue of material fact exists and why Movant is entitled to judgment as a matter of law.]

2.2 Statement of Undisputed Material Facts

1. Fact No. 1. [Concise statement] (See Exhibit A, Dep. of [Name] at p.:.)
2. Fact No. 2. [Concise statement] (See Ex. B, Aff. of [Name] ¶ __.)
3. …

[// GUIDANCE:
• Number each fact separately.
• Cite record evidence immediately after each fact per I.R.C.P. 56(c)(1)(A).
• Each citation must reference admissible evidence (affidavit, deposition, interrogatory answer, document).]

2.3 Legal Standard for Summary Judgment

Under Idaho Rule of Civil Procedure 56(a), summary judgment “shall” be entered if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” The moving party bears the initial burden of demonstrating the absence of any genuine issue; the burden then shifts to the non-moving party to “set forth specific facts” establishing a triable issue. I.R.C.P. 56(c)(1)(B). Conclusory allegations, unsworn statements, and inadmissible evidence are insufficient to defeat summary judgment. See id.

2.4 Argument

(Organize by claim or defense. Use headings and sub-headings for each element.)

2.4.1 First Claim – [e.g., Breach of Contract]

A. Element 1 — Contract Existence
• Undisputed Fact No. [] establishes there is no valid contract between Plaintiff and Movant.
B. Element 2 — Breach
• Even assuming arguendo a contract existed, Undisputed Facts Nos. []–[] show Movant fully performed.
C. Damages
• Plaintiff has produced no admissible evidence of damages (Undisputed Fact No. []); therefore, summary judgment is appropriate.

[Continue for each remaining claim or affirmative defense.]

2.5 Conclusion & Prayer for Relief

For the foregoing reasons, Defendant [___] respectfully requests that the Court:
1. GRANT this Motion for Summary Judgment;
2. DISMISS all claims against Defendant with prejudice;
3. ENTER judgment in Defendant’s favor; and
4. AWARD costs to Defendant as the prevailing party pursuant to I.R.C.P. 54(d)(1).

DATED: [DATE]
Respectfully submitted,

[ATTORNEY NAME] | ISB No. []
[LAW FIRM NAME]
Attorney for Defendant []

3. AFFIDAVIT/DECLARATION OF [NAME]

(I.R.C.P. 56(c)(4))

I, [Name], declare as follows:
1. I am [position and relevance to case]. I have personal knowledge of the matters set forth herein.
2. Attached hereto as Exhibit A is a true and correct copy of [describe].
3. …

I declare under penalty of perjury pursuant to the laws of the State of Idaho that the foregoing is true and correct.

Executed on [DATE] at [CITY], Idaho.

[Declarant Name]

[// GUIDANCE: Use an affidavit (not merely an unsworn declaration) if the local judge prefers notarization. Attach all exhibits with consecutive numbering.]

4. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

(Required by I.R.C.P. 56(c)(1); file as a stand-alone document unless local rule directs otherwise.)

[// GUIDANCE: The opposing party must reproduce each fact verbatim and admit or dispute. Separate statement streamlines the court’s review.]

5. [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

The Court, having considered Defendant’s Motion for Summary Judgment, the memoranda, affidavits, and other matters of record, and good cause appearing, hereby ORDERS:

1. The Motion is GRANTED;
2. Judgment is entered in favor of Defendant [] and against Plaintiff [] on all claims;
3. Plaintiff’s Complaint is DISMISSED with prejudice;
4. Defendant is awarded costs in an amount to be determined pursuant to I.R.C.P. 54(d)(1).

DATED: __

DISTRICT JUDGE

6. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this ___ day of [MONTH], 20__, I caused a true and correct copy of the foregoing DEFENDANT’S MOTION FOR SUMMARY JUDGMENT to be served as indicated below:

• [Name], Counsel for Plaintiff – [Email Address] – [] I.C.A.R. 48 electronic service
• [Name] – [Mailing Address] – [] U.S. Mail
• …

[Legal Assistant/Attorney Name]

[// GUIDANCE: Idaho Rule of Electronic Filing and Service (I.C.A.R. 32–33, 48) governs e-service. Confirm that all counsel are registered for electronic service; otherwise, serve via mail.]

ADDITIONAL STATE-SPECIFIC COMPLIANCE NOTES

1. Page Limits
   • The supporting memorandum must not exceed 25 pages (I.R.C.P. 7(b)(3)(D)), exclusive of the separate statement, affidavits, and exhibits.

2. Citation Format
   • Cite Idaho statutes and rules using proper Bluebook form (e.g., Idaho R. Civ. P. 56).
   • Per firm policy and the client’s preference, do not cite case law unless essential and verified.

3. Scheduling/Hearing Logistics
   • Coordinate with the clerk regarding available motions calendars. Some Idaho districts require online scheduling via Odyssey.
   • If oral argument is waived, expressly state so in the Notice.

4. Evidentiary Foundations
   • All exhibits must be authenticated by affidavit or through self-authenticating means (I.R.E. 902).
   • Hearsay objections can be avoided by attaching certified business records or admissions of a party opponent (I.R.E. 803(6), 801(d)(2)).

5. Optional Reply Brief
   • A reply memorandum may be filed no later than seven (7) days before the hearing (I.R.C.P. 7(b)(3)(E)), limited to ten (10) pages.

[// GUIDANCE: This template is court-ready but should be carefully conformed to the judge’s individual preferences and any local rules. Always perform a final cite-check, page-count verification, and proofreading pass before filing.]