STATE COURT MOTION FOR SUMMARY JUDGMENT

Pennsylvania Court of Common Pleas – Litigation Template

Professionally drafted for immediate attorney use

[// GUIDANCE:
• This template is designed for civil actions in the Court of Common Pleas of any Pennsylvania county.
• It complies with Pa. R. Civ. P. 1035.2–1035.4 and typical county‐level motion practice (Pa. R. Civ. P. 206.1, 208.2–208.3, 210).
• Always confirm and conform to the governing county’s local rules (e.g., page limits, briefing schedules, argument court dates, conciliation requirements).
• Replace every bracketed item before filing.
]

TABLE OF CONTENTS

1. Caption & Document Header
2. Notice of Presentation / Motion Cover Sheet
3. Motion for Summary Judgment
   3.1. Introduction & Relief Requested
   3.2. Procedural Posture
   3.3. Statement of Undisputed Material Facts (SUMF)
   3.4. Record Citations & Exhibits
4. Memorandum of Law in Support
   4.1. Legal Standard
   4.2. Argument
5. Proposed Order
6. Verification (if required)
7. Certificate of Service

1. CAPTION & DOCUMENT HEADER

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IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CIVIL DIVISION

[PLAINTIFF NAME], : No. [Docket No.]
Plaintiff, :
: CIVIL ACTION – [LAW or EQUITY]
v. :
:
[DEFENDANT NAME], :
Defendant. :

2. NOTICE OF PRESENTATION / MOTION COVER SHEET

[// GUIDANCE: Many counties (e.g., Philadelphia, Allegheny) require a praecipe or cover sheet that identifies the type of motion, whether expedited consideration is requested, and the proposed argument date. Consult local rule 208.3(a) equivalents.]

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NOTICE OF PRESENTATION

TO: [Opposing Counsel/Pro Se Party]
PLEASE TAKE NOTICE that the undersigned will present the attached Motion for Summary Judgment to the Honorable [Judge’s Name], Motions Judge for the Civil Division, on the ___ day of _ 20_, at :__ _.m., or as soon thereafter as counsel may be heard.

3. MOTION FOR SUMMARY JUDGMENT

3.1. Introduction & Relief Requested

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MOTION OF [MOVING PARTY] FOR SUMMARY JUDGMENT
PURSUANT TO Pa. R. Civ. P. 1035.2

[Moving Party], by and through undersigned counsel, respectfully moves this Court for the entry of summary judgment in its favor and against [Non-Moving Party] on Count(s) [___] of the [Complaint/Counterclaim], and in support states:

3.2. Procedural Posture

1. Pleadings closed on [date].
2. Fact discovery concluded on [date] by court order dated [date].
3. No party has outstanding discovery motions.
4. This motion is timely under Pa. R. Civ. P. 1035.3(a) and Local Rule [cite].

3.3. Statement of Undisputed Material Facts (SUMF)

[// GUIDANCE: Pennsylvania practice requires a separate, numbered statement with pinpoint record citations. Attach as “Exhibit A” for clarity.]

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5. A Concise Statement of Undisputed Material Facts (“SUMF”), numbered ¶¶1-__, together with specific citations to the evidentiary record, is attached hereto as Exhibit “A” and incorporated by reference.

3.4. Record Citations & Exhibits

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6. The evidentiary materials relied upon include:
a. Deposition of [Name] dated [date] (Ex. B);
b. Answers to Interrogatories Nos. ___ (Ex. C);
c. Requests for Admission deemed admitted on [date] (Ex. D); and
d. [Other] (Ex. E).

WHEREFORE Clause

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WHEREFORE, [Moving Party] respectfully requests that this Honorable Court:
A. Enter summary judgment in favor of [Moving Party] and against [Non-Moving Party] on Count(s) [___];
B. Dismiss with prejudice all claims asserted by [Non-Moving Party] against [Moving Party]; and
C. Grant such other relief as this Court deems just and proper.
Respectfully submitted,

text
_____ Date: __
[Attorney Name] (PA ID No. ___)
[Law Firm Name]
[Address]
[Phone] | [Email]
Counsel for [Moving Party]

4. MEMORANDUM OF LAW IN SUPPORT

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IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CIVIL DIVISION

[Same Caption as Above]

MEMORANDUM OF LAW IN SUPPORT OF
[PARTY’S] MOTION FOR SUMMARY JUDGMENT

4.1. Legal Standard

[// GUIDANCE: Cite only to rules, not case law.]

1. Under Pa. R. Civ. P. 1035.2(1), summary judgment shall be entered if “there is no genuine issue of any material fact and the moving party is entitled to judgment as a matter of law.”
2. Under Pa. R. Civ. P. 1035.2(2), the moving party may also prevail where the non-moving party lacks evidence sufficient to establish an element essential to the case.
3. Supporting and opposing materials are limited to pleadings, depositions, answers to interrogatories, admissions, affidavits, and expert reports. Pa. R. Civ. P. 1035.1.

4.2. Argument

[// GUIDANCE: Structure by claim or element. Use headings, cite to SUMF ¶¶, and pinpoint exhibits.]

I. [Claim/Element] Fails Because [Reason]
A. Undisputed Fact Reference (SUMF ¶ / Ex. ).
B. Legal Requirement (rule/statutory reference if applicable).
C. Application of Law to Undisputed Facts.

II. [Alternative/Defensive Theory].

III. Damages or Remedy Issues (if dispositive).

Conclusion

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For the foregoing reasons, [Moving Party] is entitled to judgment as a matter of law.
Submitted by,

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[Signature block identical to Motion]

5. PROPOSED ORDER

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IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CIVIL DIVISION

[Same Caption]

ORDER

AND NOW, this _ day of _, 20__, upon consideration of the Motion of [Moving Party] for Summary Judgment, any response thereto, and the record as a whole, it is hereby ORDERED and DECREED that:

1. The Motion is GRANTED.
2. Judgment is entered in favor of [Moving Party] and against [Non-Moving Party] on Count(s) [___].
3. [Optional: The Complaint is DISMISSED with prejudice.]
4. The Prothonotary shall enter this matter on the judgment index forthwith.

BY THE COURT:

J.

6. VERIFICATION (if facts outside record are asserted)

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VERIFICATION
I, [Name], hereby state that the facts set forth in the foregoing Motion are true and correct to the best of my knowledge, information, and belief, and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.
_____ Date: ___
[Name]
[// GUIDANCE: Omit verification if counsel is relying solely on record evidence. If verification is required, it must be signed by a person with personal knowledge—usually a party representative, not counsel.]

7. CERTIFICATE OF SERVICE

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I hereby certify that on the _ day of _ 20__, a true and correct copy of the foregoing Motion for Summary Judgment, Memorandum of Law, Statement of Undisputed Material Facts, and Proposed Order were served upon the following counsel/parties of record via [method]:

[Name & address of recipient]

[Attorney Name]

FINAL PRACTICE CHECKLIST

[// GUIDANCE: Delete before filing]
☐ Local rule compliance (page limits, font size, cover sheet).
☐ Judge‐specific preferences (hard copy courtesy, electronic filing).
☐ All exhibits labeled and cited (Ex. A, B, C …).
☐ Concise Statement of Undisputed Material Facts attached.
☐ Proposed Order in Word format (if required by judge).
☐ Certificate of Service lists exact method (eFile, first-class mail, hand delivery).
☐ Filing fee paid (if any) and motion scheduled for argument per local rule.

END OF TEMPLATE