STATE OF MAINE

[COURT NAME ‒ e.g., SUPERIOR COURT]

[COUNTY] DOCKET NO. [______]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

MOTION FOR SUMMARY JUDGMENT

([Me. R. Civ. P. 56])

[// GUIDANCE: This template is drafted for a dispositive motion under Maine Rule of Civil Procedure 56 in any Maine trial-level court (e.g., Superior Court, District Court, Business & Consumer Docket). Check and comply with any local standing orders or scheduling notices that may alter briefing deadlines, page limits, or formatting requirements.]

TABLE OF CONTENTS

1. Document Header & Caption
2. Motion for Summary Judgment
   2.1. Introduction & Relief Requested
   2.2. Procedural History
   2.3. Compliance with Rule 56 Requirements
   2.4. Undisputed Material Facts (incorporated by reference)
   2.5. Legal Standard
   2.6. Argument
   2.7. Conclusion & Prayer for Relief
3. Separate Statement of Material Facts (Schedule A)
4. Memorandum of Law (Schedule B)
5. Supporting Affidavits/Declarations & Exhibits (Schedule C)
6. Proposed Order (Schedule D)
7. Certificate of Service

1. DOCUMENT HEADER & CAPTION

(See caption above. Insert judge’s name beneath docket number if required by local rule.)

2. MOTION FOR SUMMARY JUDGMENT

2.1. Introduction & Relief Requested

Pursuant to Maine Rule of Civil Procedure 56, [MOVANT] respectfully moves this Court for an order entering summary judgment in its favor on all claims [or identify specific counts/defenses], because there is no genuine dispute as to any material fact and [MOVANT] is entitled to judgment as a matter of law.

2.2. Procedural History

1. [Date] – Complaint filed.
2. [Date] – Answer and any counterclaims filed.
3. [Date] – Completion of discovery / court-ordered discovery deadline.
4. [Date] – Deadline for dispositive motions (per Scheduling Order dated [____]).
5. This motion is timely under that Scheduling Order.

2.3. Compliance with Rule 56 Requirements

In accordance with Me. R. Civ. P. 56:
a. A Separate Statement of Material Facts (“SMF”) numbered consecutively and containing pinpoint citations to the record is filed contemporaneously as Schedule A.
b. True and correct copies of all record materials cited in the SMF are filed concurrently as Schedule C.
c. A supporting Memorandum of Law not exceeding [20] pages (exclusive of signature block and attachments) is filed as Schedule B.
d. A proposed Order is submitted as Schedule D.

[// GUIDANCE: Replace “[20]” with the applicable page limit. Maine’s statewide rules do not impose a universal page cap, but certain individual dockets (e.g., BCD) or scheduling orders often impose a 20-page limit. Always verify.]

2.4. Undisputed Material Facts

For ease of reference, movant incorporates by reference paragraphs 1-[__] of the SMF (Schedule A), each of which sets forth an undisputed fact supported by record citation in compliance with Me. R. Civ. P. 56(h)(1).

2.5. Legal Standard

Under Me. R. Civ. P. 56(c), summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, together with any other evidence permitted, show 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.”
[// GUIDANCE: Citations to case law interpreting Rule 56 are intentionally omitted per policy. Practitioners may insert controlling authority such as Maine Law Court precedents.]

2.6. Argument

(Headings below are illustrative; tailor to claims/defenses at issue.)

I. The Undisputed Facts Establish All Elements of [MOVANT]’s Claim for _.
A. Element 1 – [Describe & cite SMF ¶¶ ].
B. Element 2 – [Describe & cite SMF ¶¶ ].
C. Element 3 – …

II. [NONMOVANT] Cannot Produce Competent Evidence Creating a Genuine Dispute.
A. Non-hearsay record requirements under Rule 56(e).
B. Deficiencies in opposing affidavits (if any).

III. [AFFIRMATIVE DEFENSE] Bars [NONMOVANT]’s Claims as a Matter of Law.
A. Statute of limitations / preemption / contractual limitation, etc.

IV. Alternative Partial Summary Judgment on Discrete Issues to Streamline Trial.

2.7. Conclusion & Prayer for Relief

WHEREFORE, [MOVANT] respectfully requests that this Court:
1. GRANT this Motion for Summary Judgment;
2. ENTER judgment in favor of [MOVANT] and against [NONMOVANT] on [all claims / identified counts];
3. AWARD costs in accordance with Me. R. Civ. P. 54(d); and
4. GRANT such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of [Month], 20__.

[ATTORNEY NAME] (Bar # [_])
[Law Firm Name]
[Address]
[City, State ZIP]
Tel: [] | Fax: [_]
Email: []
Counsel for [Plaintiff/Defendant]

3. SEPARATE STATEMENT OF MATERIAL FACTS

Schedule A

STATE OF MAINE
[COURT] DOCKET NO. [____]

[Plaintiff] v. [Defendant]

SEPARATE STATEMENT OF MATERIAL FACTS IN SUPPORT OF
[MOVANT]’S MOTION FOR SUMMARY JUDGMENT

*All citations refer to materials included in Schedule C.

[// GUIDANCE: Number each fact consecutively. Each citation must identify both the exhibit and the specific page/paragraph. Use the form “Rule 56(h) Statement” if local rule so requires.]

4. MEMORANDUM OF LAW

Schedule B

(Insert legal argument, authorities, and analysis. Begin with Table of Authorities if page count and complexity warrant. Observe any local formatting rules such as 14-point font, 1-inch margins, double-spacing, etc.)

5. SUPPORTING AFFIDAVITS & EXHIBITS

Schedule C

1. Affidavit of [Name] dated [____]
2. Deposition excerpts
3. Documentary exhibits (contracts, emails, photographs, etc.)
4. [Optional] Video/audio files saved to flash drive and filed conventionally pursuant to Rule 5(f).

Each affidavit must:
• State it is made on personal knowledge;
• Set forth admissible facts;
• Affirm competency of affiant to testify;
• Be sworn before a notary public or signed as an unsworn declaration under 28 U.S.C. § 1746 if allowed.

6. PROPOSED ORDER

Schedule D

STATE OF MAINE
[COURT] DOCKET NO. [____]

[Plaintiff] v. [Defendant]

[PROPOSED] ORDER ON MOTION FOR SUMMARY JUDGMENT

Upon consideration of [Movant]’s Motion for Summary Judgment, the Separate Statement of Material Facts, the record cited therein, the opposing and reply submissions, and the entire record, the Court FINDS that there is no genuine dispute of material fact and that [Movant] is entitled to judgment as a matter of law pursuant to Me. R. Civ. P. 56.

It is hereby ORDERED:

1. The Motion for Summary Judgment is GRANTED.
2. Judgment shall enter in favor of [Movant] and against [Nonmovant] on [specify claims].
3. Costs are awarded to [Movant] in an amount to be determined pursuant to Me. R. Civ. P. 54(d).

SO ORDERED.

Dated: __, 20.

Justice, Maine [Superior/District] Court

7. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of [Month], 20__, I served a true and correct copy of the foregoing Motion for Summary Judgment (including Schedules A–D) upon the following counsel of record via [electronic filing service / first-class mail / hand delivery] in accordance with Me. R. Civ. P. 5:

[Name & Address of Opposing Counsel]

[Attorney Name]

[// GUIDANCE: If the case is subject to Maine’s eFileME electronic filing system, service is completed automatically upon submission. Otherwise, complete this certificate precisely as actually served.]

PRACTICAL CHECKLIST

1. Confirm compliance with:
   • Me. R. Civ. P. 56 (summary judgment);
   • Me. R. Civ. P. 7(b) (motion practice);
   • Any applicable Administrative Order JB-05-26 (electronic signatures);
   • Local Standing Orders/Scheduling Order.

2. Verify that every fact in the SMF has a pinpoint record citation and that each citation is provided in Schedule C.

3. Ensure affidavits/declarations satisfy Rule 56(e) evidentiary standards (made on personal knowledge, set forth admissible facts, show competency).

4. Check for confidentiality designations and file any sensitive exhibits under seal in compliance with Administrative Order JB-16-02.

5. Observe page limits (if any) and margin/font rules.

6. Proofread for consistency in defined terms, dates, party names, and cross-references.

7. Update the proposed order’s “specify claims” language to match the specific relief sought.

[END OF TEMPLATE]