State Court Motion for Summary Judgment

_____________ CIRCUIT COURT • [PLACEHOLDER] COUNTY, KENTUCKY

Civil Action No.: [PLACEHOLDER]

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

MOTION FOR SUMMARY JUDGMENT

TABLE OF CONTENTS

1. Introduction................................................................................. 2
2. Statement of Undisputed Material Facts.......................................... 3
3. Issues Presented........................................................................... 5
4. Applicable Legal Standard (CR 56)................................................ 5
5. Argument........................................................................................ 6
6. Conclusion & Relief Requested....................................................... 9
7. Certificate of Service.................................................................... 10
8. Proposed Order (Attachment A).................................................... 11

1. INTRODUCTION

Pursuant to Kentucky Rule of Civil Procedure 56 and the Court’s [Scheduling Order dated ____], Defendant [Defendant Name] (“Movant”) respectfully moves for summary judgment on all claims asserted by Plaintiff [Plaintiff Name]. As demonstrated below and in the accompanying Memorandum of Law, there is no genuine issue as to any material fact and Movant is entitled to judgment as a matter of law.

2. STATEMENT OF UNDISPUTED MATERIAL FACTS

1. On [DATE], Plaintiff and Defendant executed [DESCRIBE CONTRACT]
   (Record cite: Ex. 1, ¶ __).

2. Plaintiff failed to [PERFORM OBLIGATION] by [DATE].
   (Record cite: Ex. 2 at 17:14-18:6).

3. Defendant provided written notice of breach on [DATE], giving thirty (30)
   days to cure. (Record cite: Ex. 3).

4. To date, Plaintiff has not cured and admits [ADMISSION].
   (Record cite: Pl.’s Resp. to Interrog. No. __).

5. The only damages claimed by Plaintiff total $______, all of which are
   contractually excluded consequential damages. (Record cite: Ex. 4).

• Add additional undisputed facts as needed, continuing sequential numbering.

3. ISSUES PRESENTED

1. Whether, under CR 56, the undisputed facts establish that no genuine issue
   of material fact exists regarding Plaintiff’s breach-of-contract claim.

2. Whether Defendant is entitled to judgment as a matter of law on its
   counterclaim for [COUNTERCLAIM] based on the same record.

4. APPLICABLE LEGAL STANDARD

Kentucky Rule of Civil Procedure 56.03 provides that summary judgment shall be rendered when “the pleadings, depositions, answers to interrogatories, stipulations, 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.”

The movant bears the initial burden of demonstrating the absence of a genuine issue. Once satisfied, the burden shifts to the non-movant to present specific facts admissible in evidence demonstrating a triable issue. The Court must view the record in the light most favorable to the non-movant, but only genuine disputes over material facts preclude judgment.

5. ARGUMENT

A. Plaintiff Cannot Establish an Essential Element of Its Claim

[Insert precise legal analysis; tie each undisputed fact to required claim elements.]

1. Element 1 – Existence of a Valid Contract
   • Undisputed Fact 1 confirms a valid written agreement.
   • However, under Section __ of that contract, Plaintiff’s claim is barred because …

2. Element 2 – Breach by Defendant
   • Undisputed Facts 2–4 show performance or excuse by Defendant.

3. Element 3 – Damages
   • Even assuming breach, Undisputed Fact 5 shows damages are barred as excluded consequential damages.

B. Defendant Is Entitled to Judgment on Its Counterclaim

1. Undisputed Facts 1–4 establish Plaintiff’s breach.
2. Defendant’s damages are liquidated (see Ex. 5, Aff. of ____, ¶ __).

C. No Genuine Issue of Material Fact Exists

After shifting burdens, Plaintiff offers only speculation—not admissible evidence. Under CR 56.05, mere allegations are insufficient.

D. Briefing‐Length Certification

Counsel certifies this combined motion and memorandum contains ☐ pages, exclusive of attachments, and therefore complies with [LOCAL RULE] briefing limits.

6. CONCLUSION & RELIEF REQUESTED

For the foregoing reasons, Defendant respectfully requests that the Court:

A. GRANT this Motion and ENTER judgment in favor of Defendant on all counts;

B. DISMISS Plaintiff’s Complaint with prejudice;

C. AWARD Defendant its taxable court costs pursuant to CR 54.04; and

D. GRANT any further relief the Court deems just and proper.

Respectfully submitted this ___ day of __________ 20__.

_________________________________________
[ATTORNEY NAME] (KBA #________)
[Law Firm Name]
[Street Address]
[City, State ZIP]
Phone: (___) ___-____
Email: [___]
Counsel for [Defendant/Plaintiff]

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## 7. CERTIFICATE OF SERVICE  

I hereby certify that on this ___ day of __________ 20__, I electronically filed and/or mailed a true and correct copy of the foregoing Motion for Summary Judgment to:  

• [Opposing Counsel Name], [Address], [Email]  
• [Co-Counsel, if any]  

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[Attorney Signature]

8. PROPOSED ORDER

(Attach as separate document or include below per local practice.)

COMMONWEALTH OF KENTUCKY
\_\_\_\_\_\_\_\_\_\_\_ CIRCUIT COURT  •  [PLACEHOLDER] COUNTY
Civil Action No.: [PLACEHOLDER]

[PLAINTIFF],          PLAINTIFF
v.
[DEFENDANT],          DEFENDANT

  ORDER

  The Court, having considered Defendant’s Motion for Summary
Judgment, the supporting memorandum, the record, and being otherwise
sufficiently advised, hereby ORDERS as follows:

1.  The Motion is GRANTED.  
2.  Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.  
3.  Defendant is awarded its court costs pursuant to CR 54.04.  
4.  This is a final and appealable Order and there is no just
  reason for delay.

  SO ORDERED this \_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 20__.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
JUDGE, \_\_\_\_\_\_\_\_\_\_\_ CIRCUIT COURT
Copies to:  Counsel of Record

EXHIBIT CHECKLIST

1. Exhibit 1 – [Contract dated ____]
2. Exhibit 2 – [Deposition of _ (selected pages)]
3. Exhibit 3 – [Notice of Breach dated ____]
4. Exhibit 4 – [Plaintiff’s Interrogatory Responses (No. __)]
5. Exhibit 5 – [Affidavit of _ re: damages]

FINAL DRAFTING NOTES

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