STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

[SUPERIOR] ☐ / [DISTRICT] ☐ COURT DIVISION

COUNTY OF [COUNTY]

File No. [YY-CV-####]

[PLAINTIFF NAME(S)],
  Plaintiff(s),
v.
[DEFENDANT NAME(S)],
  Defendant(s).

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

[// GUIDANCE: Identify moving party; change “Defendant” to “Plaintiff” if appropriate.]

TABLE OF CONTENTS

1. Notice of Motion and Hearing............................................. 2
2. Introduction and Procedural Posture...................................... 3
3. Statement of Undisputed Material Facts................................... 4
4. Evidence Relied Upon..................................................... 5
5. Legal Standard........................................................... 6
6. Argument.................................................................. 7
   6.1. Element One – [Issue]................................................ 7
   6.2. Element Two – [Issue]................................................ 8
   6.3. Absence of Material Factual Dispute.................................. 9
7. Conclusion and Prayer for Relief......................................... 10
8. Certificate of Word/Page Compliance...................................... 11
9. Certificate of Service................................................... 12
   EXHIBIT A – Proposed Order Granting Summary Judgment......................... 13

1. NOTICE OF MOTION AND HEARING

PLEASE TAKE NOTICE that the undersigned will bring this Motion for Summary Judgment on for hearing before the Honorable [JUDGE NAME], in Courtroom [##], [COURTHOUSE NAME], [CITY], North Carolina, at [time] a.m./p.m. on [hearing date], or as soon thereafter as the Court may hear the matter.

[// GUIDANCE: Many counties require a separate notice under Local Civil Rule 7 and a scheduling request to calendar the hearing. Insert local rule citation if applicable.]

2. INTRODUCTION AND PROCEDURAL POSTURE

1. Pursuant to Rule 56 of the North Carolina Rules of Civil Procedure (“Rule 56”), Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves for summary judgment on all claims asserted by Plaintiff [PLAINTIFF NAME] (“Plaintiff”).
2. Discovery is closed, and more than 30 days have passed since the commencement of this action, satisfying the temporal prerequisite of Rule 56(a).
3. As demonstrated below, there is no genuine issue as to any material fact, and Defendant is entitled to judgment as a matter of law.

3. STATEMENT OF UNDISPUTED MATERIAL FACTS

The following facts are undisputed for purposes of this Motion. Each fact is supported by record evidence admissible under Rule 56(e):

[// GUIDANCE: Keep each fact concise; use pinpoint citations. Attach supporting excerpts as numbered exhibits.]

4. EVIDENCE RELIED UPON

Defendant relies on the following materials, all of which are authenticated and admissible under N.C. R. Civ. P. 56(e):

a. Affidavit of [Name] with exhibits (Exhibit 1);
b. Excerpts from the deposition of [Name] (Exhibit 2);
c. Plaintiff’s Responses to Defendant’s First Set of Interrogatories (Exhibit 3);
d. Certified business records of [Entity] (Exhibit 4);
e. [Any other admissible evidence].

[// GUIDANCE: Affidavits must be made on personal knowledge, set forth admissible facts, and show affiant competence.]

5. LEGAL STANDARD

1. Summary judgment shall be rendered “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 any party is entitled to a judgment as a matter of law.” N.C. R. Civ. P. 56(c).
2. The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact by:
   a. Proving an essential element of the non-movant’s claim cannot be met; or
   b. Showing through discovery that the non-movant lacks evidence on an essential element.
3. Once the movant meets its burden, the non-movant “may not rest upon the mere allegations or denials of [its] pleading,” but must “set forth specific facts” establishing a triable issue. N.C. R. Civ. P. 56(e).

6. ARGUMENT

6.1. Plaintiff Cannot Establish [Element 1]

[Insert analysis applying undisputed facts to the first essential element.]

6.2. Plaintiff Cannot Establish [Element 2]

[Insert analysis applying undisputed facts to the second essential element.]

6.3. No Genuine Issue of Material Fact Exists

1. Plaintiff has had a full and fair opportunity to obtain evidence through discovery.
2. Plaintiff has produced no admissible evidence creating a genuine dispute as to any material fact identified above.
3. Accordingly, Defendant is entitled to judgment as a matter of law.

[// GUIDANCE: Break argument into logical subsections tracking each claim or affirmative defense.]

7. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

a. GRANT Defendant’s Motion for Summary Judgment in its entirety;
b. DISMISS all of Plaintiff’s claims with prejudice;
c. TAX the costs of this action against Plaintiff pursuant to N.C. Gen. Stat. § 6-20; and
d. AWARD such other and further relief as the Court deems just and proper.

Respectfully submitted this [date].
text

[ATTORNEY NAME]
N.C. State Bar No. [####]
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: [(###) ###-####]
Facsimile: [(###) ###-####]
Email: [EMAIL]
Counsel for Defendant

8. CERTIFICATE OF WORD/PAGE COMPLIANCE (IF APPLICABLE)

I certify that this Motion complies with the [Local Rule No.] page/word limitation. It contains [###] words as calculated by Microsoft Word.

text

[ATTORNEY NAME]
[// GUIDANCE: Omit this section if the governing local rules impose no limit.]

9. CERTIFICATE OF SERVICE

I hereby certify that on this day I served a copy of the foregoing DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, including all exhibits, upon all counsel of record in accordance with N.C. R. Civ. P. 5 by:

☐ Hand delivery
☐ Depositing the same in the United States Mail, first-class postage prepaid, addressed as follows:
[NAME & ADDRESS]
☐ Email pursuant to consent under Rule 5(b)
☐ e-Filing and service via the [STATE/COUNTY] e-Courts system

This the [##] day of [Month] [Year].

text

[ATTORNEY NAME]

EXHIBIT A

PROPOSED ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

STATE OF NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
[SUPERIOR] ☐ / [DISTRICT] ☐ COURT DIVISION
COUNTY OF [COUNTY]
File No. [YY-CV-####]

[PLAINTIFF NAME(S)],
  Plaintiff(s),
v.
[DEFENDANT NAME(S)],
  Defendant(s).

PROPOSED ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

THIS MATTER came before the Court on [date], upon Defendant’s Motion for Summary Judgment (the “Motion”) pursuant to Rule 56 of the North Carolina Rules of Civil Procedure. The Court, having reviewed the Motion, the supporting briefs, all materials submitted in support and in opposition, and the arguments of counsel, and being otherwise fully advised, FINDS as follows:

1. There is no genuine issue as to any material fact.
2. Defendant is entitled to judgment as a matter of law.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

A. The Motion is GRANTED;
B. All claims asserted by Plaintiff against Defendant are DISMISSED WITH PREJUDICE;
C. Costs are taxed against Plaintiff pursuant to N.C. Gen. Stat. § 6-20; and
D. The Clerk shall enter judgment accordingly.

SO ORDERED. Entered this the _ day of __, 20_.

text

[Judge’s Name], Judge Presiding
[// GUIDANCE: Attach this proposed order as a separate document if required by local rule.]