MISSOURI STATE COURT – MOTION FOR SUMMARY JUDGMENT (Template)

[// GUIDANCE: Drafted to comply with Missouri Supreme Court Rules—especially Mo. Sup. Ct. R. 74.04—while remaining flexible for county-specific local rules. All bracketed items must be customized before filing.]

DOCUMENT HEADER

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Case No. [______]
)
[DEFENDANT NAME], )
)
Defendant. )
[PLAINTIFF/DEFENDANT]’S MOTION FOR SUMMARY JUDGMENT
AND MEMORANDUM OF LAW IN SUPPORT THEREOF

Date: [_____]

TABLE OF CONTENTS

1. Introduction ………………………………………………………………..…………….. p. 2
2. Procedural & Jurisdictional Background …………………………… p. 2
3. Statement of Undisputed Material Facts ………………………… p. 3
4. Legal Standard ……………………………………………………………….………… p. 4
5. Argument ………………………………………………………………………………… p. 5
   5.1 Claim/Count I …………………………………………………………………… p. 5
   5.2 Claim/Count II ………………………………………………………………… p. 7
6. Conclusion & Prayer for Relief ……………………………………… p. 9
7. Proposed Order …………………………………………………………………… p. 10
8. Certificate of Service ………………………………………………… p. 11

[// GUIDANCE: Page references will auto-adjust once finalized.]

1. INTRODUCTION

COMES NOW [Movant Party Name] (“Movant”), by and through undersigned counsel, and pursuant to Mo. Sup. Ct. R. 74.04 and all other applicable rules, respectfully moves this Court for entry of summary judgment in its favor and against [Opposing Party Name] (“Non-Movant”) on all claims (or Claim(s) [__]) asserted in the above-captioned matter. As demonstrated below:

1. There exist no genuine issues of material fact; and
2. Movant is entitled to judgment as a matter of law.

Granting this Motion will streamline the litigation, conserve judicial resources, and bring finality to the disputed issues.

2. PROCEDURAL & JURISDICTIONAL BACKGROUND

1. This Court possesses subject-matter jurisdiction over this civil action under Mo. Const. art. V, § 14 and venue is proper pursuant to § [__] RSMo.
2. [Summarize pleadings timeline: e.g., “Plaintiff filed the Petition on [date]; Defendant timely answered on [date].”]
3. Discovery is complete; the Court’s [Scheduling Order dated ] sets [_] as the dispositive-motion deadline.
4. This Motion is timely under Mo. Sup. Ct. R. 74.04(a).

3. STATEMENT OF UNDISPUTED MATERIAL FACTS

[// GUIDANCE: Each fact must be concise, numbered, and cite record support per Rule 74.04(c)(1). Attach a separate “Statement of Undisputed Material Facts” if required by local rule.]

1. On [date], the parties executed the [Contract/Instrument] (“Agreement”). (Ex. 1, ¶ []).
2. Section [] of the Agreement obligates [Non-Movant] to [specific duty]. (Id.).
3. [Non-Movant] failed to perform by the contractual deadline of [date]. (Ex. 2, Aff. of [Name] ¶ [__]).
4. No written notice of force-majeure or excusable delay was provided. (Ex. 3).
5. [Add additional material facts as necessary.]

4. LEGAL STANDARD

1. Under Mo. Sup. Ct. R. 74.04(c)(6), summary judgment shall be entered if the pleadings, discovery, exhibits, and affidavits show (a) no genuine dispute as to any material fact and (b) the movant is entitled to judgment as a matter of law.
2. The movant bears the initial burden of establishing a prima facie showing of the absence of genuine issues. Thereafter, the non-movant must set forth specific facts demonstrating a genuine dispute. Mo. Sup. Ct. R. 74.04(c)(2).
3. The Court views the record in the light most favorable to the non-moving party; however, conclusory allegations unsupported by competent evidence are insufficient.

5. ARGUMENT

5.1 Count I – Breach of Contract

A. Element 1: Existence of Valid Contract
  Undisputed Facts 1–2 establish the Agreement’s validity.

B. Element 2: Breach by Non-Movant
  Undisputed Fact 3 shows failure to perform requisite duties.
  No affirmative defenses (e.g., impossibility, waiver) are supported by record evidence. (See Non-Movant’s Answer ¶ []; discovery responses, Ex. [].)

C. Element 3: Damages
  [Movant] incurred [$___] in direct losses (Ex. 4, Damages Summary).

Therefore, as a matter of law, Movant prevails on Count I.

5.2 Count II – [Alternative/Additional Claim]

[Insert parallel analysis linked to numbered facts.]

6. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, premises considered, Movant respectfully requests that this Court:

1. Grant the instant Motion;
2. Enter judgment in favor of [Movant] and against [Non-Movant] on [all claims/Count(s) __];
3. Award Movant damages in the amount of [$___], plus pre- and post-judgment interest as allowed by law; and
4. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[LAW FIRM NAME]
[Address]
[Phone]
[Email]

By: ______
[ATTORNEY NAME], MO Bar No. [______]
Counsel for [Movant]

7. PROPOSED ORDER

[// GUIDANCE: File as a separate attachment if local practice so requires.]

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
[CAPTION AS ABOVE]

ORDER GRANTING [PARTY]’S MOTION FOR SUMMARY JUDGMENT

Upon consideration of [Party]’s Motion for Summary Judgment, the Statement of Undisputed
Material Facts, supporting exhibits, any response and replies, and being duly advised in the
premises, the Court finds that there is no genuine issue of material fact and that Movant is
entitled to judgment as a matter of law pursuant to Mo. Sup. Ct. R. 74.04.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

1. The Motion for Summary Judgment is GRANTED.
2. Judgment is entered in favor of [Movant] and against [Non-Movant] on [all claims/Count(s) __].
3. [Damages/relief awarded].
4. Court costs are taxed against [Non-Movant].

SO ORDERED this _ day of _, 20__.

JUDGE [NAME]
Circuit Judge

8. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing was served via [method of service compliant with Mo. Sup. Ct. R. 43.01] upon:

[Opposing Counsel Name]
[Firm]
[Address]
[Email/Fax]

[ATTORNEY NAME]

APPENDICES & ATTACHMENTS CHECKLIST

[// GUIDANCE: Attach only those items actually relied upon.]

1. Statement of Undisputed Material Facts (Rule 74.04(c)(1)).
2. Index of Exhibits.
3. Exhibits 1-__ (authenticated).
4. Affidavits meeting Rule 74.04(e) requirements.
5. Proposed Order (if not included above).

PRACTICE NOTES

1. Briefing Limits: Confirm page or word caps in the relevant Circuit’s Local Rules (e.g., 16th Cir. Jackson Co. Local Rule 33.5 imposes 15-page limits unless leave granted). Adjust length or file motion for excess pages as needed.

2. Evidence Requirements: Ensure every asserted fact cites record-admissible evidence (pleadings, sworn discovery, depositions, admissions, or properly sworn affidavits). Unsigned or unsworn documents risk exclusion.

3. Timing: File at least 30 days before trial unless the Court’s scheduling order provides otherwise. Non-Movant has 30 days to respond under Rule 74.04(c)(2), unless shortened or extended by the Court.

4. Rule 55.03 Certification: Signature block above constitutes the Rule 55.03 certification that the motion is well-grounded in fact and law, not interposed for delay.

5. Oral Argument: Some Missouri judges require a separate notice of hearing; others set argument sua sponte. Confirm chambers’ preferences.

[// GUIDANCE: Review all placeholders, verify citations, and tailor arguments to the specific factual record before filing.]