STATE OF NEW JERSEY

[SUPERIOR COURT / LAW DIVISION / CHANCERY DIVISION – [COUNTY] VICINAGE]

DOCKET NO.: [____]

[PLAINTIFF NAME(S)],
    Plaintiff(s),

v.

[DEFENDANT NAME(S)],
    Defendant(s).

[PARTY NAME]’S MOTION FOR SUMMARY JUDGMENT

(pursuant to R. 4:46-1, -2 & -3)

[// GUIDANCE: Replace all bracketed text with matter-specific details. Delete guidance comments before filing.]

MASTER DOCUMENT CHECKLIST

1. Notice of Motion
2. Certification of Counsel (Compliance + Service)
3. Statement of Undisputed Material Facts (R. 4:46-2(a))
4. Brief in Support of Motion (≤ 40 pages, R. 1:6-5)
5. Proposed Form of Order (R. 4:42-1)
6. Proof of Service (R. 1:5-3)

1. NOTICE OF MOTION

PLEASE TAKE NOTICE that on [Return Date] at [Time] a.m./p.m., or as soon thereafter as counsel may be heard, the undersigned attorney for [Moving Party] shall move before the Hon. [Judge Name], J.S.C., at the [Superior Court / Law Division] for an Order granting summary judgment in favor of [Moving Party] and against [Opposing Party] pursuant to R. 4:46 on the grounds that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

In support of this Motion, the undersigned will rely upon:
a. The accompanying Certification of Counsel;
b. The Statement of Undisputed Material Facts with citations to the record;
c. The Brief in Support of Motion;
d. [Affidavit/Certification of ___]; and
e. The entire pleadings and record herein.

A Proposed Form of Order is submitted herewith pursuant to R. 4:42-1.

Respectfully submitted,

[ATTORNEY NAME], Esq.
Attorney for [Moving Party]
[Law Firm Name]
[Address]
[Telephone] | [Email]
Dated: [____]

2. CERTIFICATION OF COUNSEL

(R. 1:6-6, R. 4:46-2(c))

I, [Attorney Name], of full age, certify as follows:

1. I am counsel for [Moving Party] in the above-captioned matter and am fully familiar with the facts and procedural history.
2. Annexed hereto are true copies of the following documents relied on in support of this Motion:
   a. [Exhibit A – deposition excerpts of ___ dated ];
   b. [Exhibit B – interrogatory answers of ___ served ];
   c. [Exhibit C – contract dated ___]; etc.
3. Pursuant to R. 4:46-2, the accompanying Statement of Undisputed Material Facts sets forth each material fact as to which there is no genuine issue, with pinpoint citations to competent evidence in the record.
4. Pursuant to R. 1:6-2(c), on [Date] I electronically filed and served this Motion via [eCourts/Odyssey] and delivered courtesy copies to chambers.
5. Pursuant to R. 1:6-2(d), I certify that this matter is scheduled for trial on [Trial Date] and discovery closed on [Discovery End Date]; therefore, the Motion is timely.
6. I certify that the foregoing statements are true; I am aware that if any are willfully false I am subject to punishment.

[Attorney Name], Esq.
Dated: [____]

3. STATEMENT OF UNDISPUTED MATERIAL FACTS

(pursuant to R. 4:46-2(a))

[// GUIDANCE: Each fact must be concise, separately numbered, and immediately followed by a specific citation to pleadings, depo pages, discovery responses, admissions, or sworn certifications. Do not cite briefs.]

Certification of Counsel accompanies this Statement as required by R. 4:46-2(b).

4. BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

(Conforms to R. 1:6-5 page limits; headings below are suggested)

TABLE OF CONTENTS

1. Preliminary Statement
2. Procedural History
3. Statement of Facts (incorporating SUMF)
4. Standard for Summary Judgment (R. 4:46-2(c))
5. Argument
   5.1 Count I – [Legal Theory]
   5.2 Count II – [Legal Theory]
   …
6. Conclusion

1. Preliminary Statement

[Succinct overview of dispute and relief sought.]

2. Procedural History

[Summarize pleadings, prior motions, discovery status, trial date.]

3. Statement of Facts

[Incorporate by reference the numbered SUMF; do not restate evidence verbatim.]

4. Standard for Summary Judgment

Under R. 4:46-2(c), summary judgment shall be granted when the moving party demonstrates that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law. The Court must consider the competent evidential materials submitted and, drawing all reasonable inferences in favor of the non-moving party, determine whether a rational fact-finder could resolve the dispute in favor of the opponent.

5. Argument

5.1 Count I – Breach of Contract
A. Existence of Enforceable Agreement
B. Material Breach by [Opposing Party]
C. Damages Proven and Not Disputed

5.2 Count II – [e.g., Negligence / Statutory Claim]
A. Duty and Breach
B. Causation
C. Absence of Genuine Dispute as to Damages

[// GUIDANCE: Use sub-sections, cite to record, pinpoint to SUMF ¶. Avoid unnecessary factual repetition.]

6. Conclusion

For the foregoing reasons, [Moving Party] respectfully requests that this Court enter summary judgment in its favor, dismiss [each count / the Complaint] with prejudice, and grant such further relief as the Court deems equitable and just.

Respectfully submitted,

[ATTORNEY NAME], Esq.
Attorney for [Moving Party]
Dated: [____]

5. PROPOSED FORM OF ORDER

(SUPERIOR COURT OF NEW JERSEY – [COUNTY] VICINAGE)
DOCKET NO.: [____]

Upon reading and filing the Motion of [Moving Party] for Summary Judgment, the supporting papers, and opposition thereto (if any), and for good cause shown,

IT IS on this ___ day of ____ 20__,

ORDERED that:

1. The Motion is GRANTED; and
2. Judgment is hereby entered in favor of [Moving Party] and against [Opposing Party] on [all counts / Count(s) ___]; and
3. [Damages / declaratory relief specifics]; and
4. Any remaining claims not expressly addressed herein are DISMISSED with prejudice; and
5. The Clerk shall enter this Order and serve all parties of record.

HON. [Judge Name], J.S.C.

[// GUIDANCE: Include “Opposed / Unopposed” line if required by local practice.]

6. PROOF OF SERVICE

(R. 1:5-3)

I, [Name], certify that on [Date] I:

• Electronically filed the foregoing Motion for Summary Judgment via [eCourts/Odyssey]; and
• Served true copies on all parties of record via [electronic service / regular mail / hand delivery] addressed to:

1. [Attorney Name & Address for Opposing Party]
2. [Counsel for Co-Defendant]

I certify that the foregoing statements are true.

[Name & Title]
Dated: [____]

ADDITIONAL DRAFTING NOTES & BEST PRACTICES

[// GUIDANCE: Remove prior to filing]
• Return Date: Must be at least 16 days after service (R. 1:6-3) and no later than 30 days before the scheduled trial date (R. 4:46-1).
• Page Limits: Supporting brief ≤ 40 pages; reply ≤ 15 pages (R. 1:6-5).
• Exhibits: Bates-stamp and reference consistently throughout SUMF and Brief.
• Certifications/Affidavits: Must be made on personal knowledge, contain only admissible facts, and annex true copies of referenced documents (R. 1:6-6).
• Oral Argument: Request in Notice if desired; court may require (R. 1:6-2(d)).
• Color-Coding (Complex Matters): Compliance optional under R. 4:46-2(b); use only if ordered.
• Confidential Materials: File under seal in accordance with R. 1:38-11.

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