MOTION FOR SUMMARY JUDGMENT
(New Hampshire State Court – Template)
[// GUIDANCE: Drafted to comply with N.H. Rev. Stat. Ann. § 491:8-a and N.H. Super. Ct. Civ. R. 13. Insert or delete bracketed language as appropriate to the facts of your case.]*
TABLE OF CONTENTS
- Document Header
- Introduction & Relief Requested
- Statement of Undisputed Material Facts (Rule 13(b))
- Standard of Review
- Argument
5.1. Element One – [Insert Claim/Defense]
5.2. Element Two – [Insert Claim/Defense]
5.3. [Additional Elements] - Conclusion & Prayer for Relief
- Certification of Word/Page Compliance
- Certificate of Service
- Proposed Order
1. DOCUMENT HEADER
STATE OF NEW HAMPSHIRE
[COUNTY] SUPERIOR COURT[PLAINTIFF FULL LEGAL NAME],
Plaintiff,v.
[DEFENDANT FULL LEGAL NAME],
Defendant.Docket No.: [DOCKET #]
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Date: [MM/DD/YYYY]
2. INTRODUCTION & RELIEF REQUESTED
Pursuant to N.H. Rev. Stat. Ann. § 491:8-a (2023) and N.H. Super. Ct. Civ. R. 13, Defendant [DEFENDANT] (“Defendant”) respectfully moves this Court for Summary Judgment on all claims asserted by Plaintiff [PLAINTIFF] (“Plaintiff”). There exists no genuine issue of material fact and Defendant is entitled to judgment as a matter of law.
[// GUIDANCE: Insert brief procedural history if helpful to orient the Court.]
3. STATEMENT OF UNDISPUTED MATERIAL FACTS
In accordance with Rule 13(b), Defendant submits the following numerically-sequenced Statement of Undisputed Material Facts (“SUMF”), each supported by pinpoint citations to the record. A separately-filed Appendix of Exhibits accompanies this Motion.
- [Fact #1] – Record Cite: [Ex. A, at 4:12–15].
- [Fact #2] – Record Cite: [Dep. of Smith, 32:7-14].
- [Continue as needed]
[// GUIDANCE: Opposing counsel must file a responsive statement identifying disputed facts; draft accordingly.]
4. STANDARD OF REVIEW
Under New Hampshire law, summary judgment shall be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, 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.” N.H. Rev. Stat. Ann. § 491:8-a; see also N.H. Super. Ct. Civ. R. 13. The Court must consider the evidence “in the light most favorable to the non-moving party” and draw all reasonable inferences in that party’s favor. Id.
The moving party bears the initial burden of demonstrating the absence of a genuine dispute; if satisfied, the burden shifts to the non-moving party to set forth specific facts showing a triable issue. Id.
5. ARGUMENT
Defendant is entitled to judgment as a matter of law because Plaintiff cannot establish the essential elements of [INSERT CLAIM], and no material fact remains in dispute.
5.1 Element One – [Insert Element]
- Legal Requirement. [Briefly state the governing element.]
- Undisputed Evidence. Cite SUMF ¶¶ [1–3].
- Application. Explain why evidence negates or satisfies element.
5.2 Element Two – [Insert Element]
[Follow same structure.]
5.3 [Additional Elements / Affirmative Defenses]
[Address comparative fault, statute of limitations, damages cap, etc., as applicable.]
[// GUIDANCE: Use clear sub-headings for each element or defense; cross-reference SUMF to streamline judicial review.]
6. CONCLUSION & PRAYER FOR RELIEF
WHEREFORE, Defendant [DEFENDANT] respectfully requests that this Honorable Court:
A. Grant this Motion and enter FINAL JUDGMENT in favor of Defendant on all counts;
B. Tax costs against Plaintiff pursuant to RSA 525:13; and
C. Award such further relief as justice requires.
Respectfully submitted,
[DEFENDANT LEGAL NAME]
By its attorneys,
[ATTORNEY NAME], Esq. (NH Bar # [####])
[LAW FIRM NAME]
[Address]
[Telephone] | [Email]
7. CERTIFICATION OF WORD/PAGE COMPLIANCE
I certify that this Memorandum of Law contains [#] pages (exclusive of attachments) and therefore complies with N.H. Super. Ct. Civ. R. 13(g)’s [20-page] limit.
[ATTORNEY NAME], Esq.
[// GUIDANCE: Verify current page/word limits per any standing orders of the specific judge or county.]
8. CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion, SUMF, Appendix of Exhibits, and Proposed Order was served this [date] upon all counsel of record via the court’s electronic filing system and by first-class mail.
[ATTORNEY NAME], Esq.
9. PROPOSED ORDER
STATE OF NEW HAMPSHIRE
[COUNTY] SUPERIOR COURT[PLAINTIFF] v. [DEFENDANT]
Docket No.: [DOCKET #]ORDER
Having considered Defendant’s Motion for Summary Judgment, the memoranda, statements of material facts, and the entire record, the Court finds that there is no genuine issue of material fact and that Defendant is entitled to judgment as a matter of law.
IT IS THEREFORE ORDERED:
1. Defendant’s Motion for Summary Judgment is GRANTED.
2. Judgment shall enter in favor of Defendant on all counts.
3. Costs are taxed against Plaintiff.SO ORDERED.
[JUDGE NAME], Presiding Justice
Date: _______
[// GUIDANCE: Attach affidavits, deposition excerpts, and other evidentiary materials as separate exhibits, each labeled and indexed to the SUMF. Ensure compliance with any confidentiality or sealing requirements under Rule 12.]