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IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA
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[PLAINTIFF NAME], ) Case No. [######]
)
Plaintiff, )
)
v. ) MOTION FOR SUMMARY
) JUDGMENT
[DEFENDANT NAME], )
)
Defendant. )
)

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MOTION FOR SUMMARY JUDGMENT
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[// GUIDANCE: This template presumes the moving party is the Defendant. Swap party
designations as needed.]

Defendant [DEFENDANT NAME] (“Movant”), by and through undersigned counsel, respectfully
moves this Court pursuant to Neb. Rev. Stat. §§ 25-1330 to 25-1336 (Reissue 2016) for
entry of summary judgment in its favor and against Plaintiff [PLAINTIFF NAME] on all
claims asserted in the Complaint. In support hereof, Movant submits:

1. This Motion;
2. The concurrently-filed Brief in Support of Motion for Summary Judgment (“Supporting
   Brief”);
3. Movant’s Separate Statement of Undisputed Material Facts (“SSUMF”);
4. Movant’s Index of Evidence (“Index”), including affidavits, deposition excerpts,
   interrogatory answers, and other admissible materials; and
5. A Proposed Order.

Pursuant to Neb. Rev. Stat. § 25-1332 and applicable [LOCAL RULE CITATION], the
evidentiary materials demonstrate that no genuine issue of material fact exists and that
Movant is entitled to judgment as a matter of law.

WHEREFORE, Movant prays that the Court:

A. Grant this Motion and enter judgment in favor of Movant on all counts;
B. Tax costs against Plaintiff; and
C. Award such other and further relief as the Court deems just and proper.

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME] (# [BAR NO.])
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR DEFENDANT

TABLE OF CONTENTS—SUPPORTING BRIEF

1. Introduction and Relief Requested
2. Statement of Jurisdiction & Procedural Posture
3. Statement of Undisputed Material Facts (incorporated by reference)
4. Standard of Review
5. Argument
   5.1 No Genuine Issue of Material Fact
   5.2 Movant Is Entitled to Judgment as a Matter of Law
   5.2.1 [First Cause of Action]
   5.2.2 [Second Cause of Action]
   …
6. Conclusion
7. Certificate of Service

[// GUIDANCE: Nebraska district courts generally require a separate brief. Populate
each section below with case-specific content and page citations to the SSUMF/Index.]

1. INTRODUCTION AND RELIEF REQUESTED

[Concise synopsis of the case, claims, defenses, and relief sought.]

2. STATEMENT OF JURISDICTION & PROCEDURAL POSTURE

• This Court has subject-matter jurisdiction under Neb. Const. art. V, § 9 and
Neb. Rev. Stat. § 24-302.
• Venue is proper in this County pursuant to Neb. Rev. Stat. § 25-403.01.
• All pleadings are closed; discovery is complete; this Motion is timely under
Neb. Rev. Stat. § 25-1332(1).

3. STATEMENT OF UNDISPUTED MATERIAL FACTS

[Incorporate by reference to separately-filed SSUMF, e.g., “See SSUMF ¶¶ 1-37.”]

4. STANDARD OF REVIEW

Under Neb. Rev. Stat. § 25-1332, summary judgment shall be rendered “if the pleadings
and admissions on file, together with the affidavits or other evidence, 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.” The burden shifts to the non-movant to
produce admissible evidence of a genuine dispute once the movant makes a prima facie
showing. Id.

5. ARGUMENT

5.1 No Genuine Issue of Material Fact

[Identify each material fact, with pinpoint citations: “SSUMF ¶ 12 (Ex. C, Smith Dep.
30:14-31:7).”]

5.2 Movant Is Entitled to Judgment as a Matter of Law

5.2.1 [First Cause of Action—e.g., Breach of Contract]

1. Essential elements (cite authoritative Nebraska pattern jury instruction).
2. Application of undisputed facts.
3. Legal conclusion.

[Repeat for each claim/defense.]

6. CONCLUSION

For the foregoing reasons, Movant respectfully requests that the Court grant summary
judgment in its favor on all claims, dismiss Plaintiff’s Complaint with prejudice,
and award Movant its costs.

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS (SSUMF)

text
1. The parties executed the written Agreement on March 1, 20[YY]. (Ex. A, Agreement.)
2. Plaintiff failed to deliver conforming goods on April 15, 20[YY]. (Ex. B, Smith Aff. ¶5.)
3. ...
[// GUIDANCE: Number each fact, cite only admissible evidence, and cross-reference
exact page/paragraph lines.]

INDEX OF EVIDENCE

[// GUIDANCE: Follow Neb. Evid. R. 901 for authentication. Include separate PDF
or paper exhibits as court requires.]

PROPOSED ORDER

text
IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA
Case No. [######]

[PLAINTIFF] v. [DEFENDANT]

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

The Court, having reviewed Defendant’s Motion for Summary Judgment, Supporting
Brief, SSUMF, Index of Evidence, any opposition and reply papers, and having heard
argument of counsel (if any), FINDS pursuant to Neb. Rev. Stat. § 25-1332 that no
genuine issue of material fact exists and that Defendant is entitled to judgment as
a matter of law.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

1. Defendant’s Motion for Summary Judgment is GRANTED in its entirety;
2. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE;
3. Costs are taxed to Plaintiff; and
4. [Any additional relief].

DATED this _ day of _, 20__.

BY THE COURT:

Judge [NAME]
District Court, [Judicial District] of Nebraska

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused the foregoing Motion for Summary Judgment,
Supporting Brief, SSUMF, Index of Evidence, and Proposed Order to be filed with the
Clerk of the District Court of [County] County, Nebraska, and served upon all counsel
of record via [method—eFiling system / hand delivery / mail], pursuant to
Neb. Ct. R. § 6-601(B).

[ATTORNEY NAME]

PRACTICAL CHECKLIST

[// GUIDANCE: Confirm each item before filing]
☐ Motion signed by attorney of record
☐ All exhibits labeled and authenticated
☐ Page limits comply with [LOCAL RULE] (e.g., 25 pages for brief)
☐ Hearing date obtained from clerk & noted in notice (if required)
☐ Proposed Order uploaded separately per e-filing protocol
☐ Certificate of Service correctly reflects all parties & methods

END OF TEMPLATE