[DRAFT] STATE COURT MOTION FOR SUMMARY JUDGMENT

(South Carolina – Form & Substance Template)

[// GUIDANCE: Replace every bracketed, ALL-CAPS placeholder with matter-specific information. Delete all guidance boxes before filing.]

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Motion
3. Memorandum in Support
   3.1 Introduction
   3.2 Statement of Undisputed Material Facts
   3.3 Governing Standard (Rule 56, SCRCP)
   3.4 Argument
   3.4.1 [Issue No. 1]
   3.4.2 [Issue No. 2]
   …
   3.5 Conclusion & Prayer for Relief
4. Certificate of Service

[// GUIDANCE: A TOC is not required by the South Carolina Rules of Civil Procedure (“SCRCP”), but inclusion aids chambers review, particularly in complex matters.]

1. CAPTION

text
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
[COUNTY] COUNTY Civil Action No. [########]

[PLAINTIFF], )
) MOTION FOR SUMMARY JUDGMENT
Plaintiff, ) AND MEMORANDUM IN SUPPORT
v. )
)
[DEFENDANT], )
)
Defendant. )
______)

2. NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that, pursuant to Rule 56 of the South Carolina Rules of Civil Procedure (“SCRCP”) and S.C. Cir. Ct. R. [LOCAL RULE NUMBER, if any], the undersigned will move before the Honorable [JUDGE NAME] at the [COURTHOUSE NAME], [COURTHOUSE ADDRESS], on __, 20_, at ___ __.m., or as soon thereafter as counsel may be heard, for an Order granting summary judgment in favor of [MOVANT] as to [each/all] cause(s) of action asserted by [NON-MOVANT].

The motion will be based upon:

• This Notice of Motion and Motion;
• The accompanying Memorandum in Support;
• The pleadings, depositions, answers to interrogatories, admissions on file, and affidavits contemplated by Rule 56(c), SCRCP;
• All exhibits and documentary evidence filed herewith; and
• Such oral argument and additional evidence as may be permitted at the hearing.

DATED: __, 20_
Respectfully submitted,

text
______ ____
[ATTORNEY NAME] (SC Bar No. _) [CO-COUNSEL NAME] (SC Bar No. ____)
[LAW FIRM NAME] [LAW FIRM NAME]
[ADDRESS] [ADDRESS]
[PHONE] | [EMAIL] [PHONE] | [EMAIL]

ATTORNEYS FOR [MOVANT]
[// GUIDANCE: Confirm service of this motion at least 10 days before the noticed hearing, per Rule 56(c), SCRCP.]

3. MEMORANDUM IN SUPPORT

3.1 Introduction

[Movant] seeks summary judgment because no genuine issue of material fact exists and [Movant] is entitled to judgment as a matter of law on [specify claims/defenses]. The undisputed record evidence establishes that ______________.

3.2 Statement of Undisputed Material Facts

1. [Fact 1] – cite record evidence (e.g., “See Aff. of Jones ¶ 4, Ex. A”).
2. [Fact 2] – cite record evidence.
   …
   n. [Fact n] – cite record evidence.

[// GUIDANCE: Enumerate only those facts that are outcome-determinative. Supporting record citations must reference documents admissible under Rule 56(e), SCRCP.]

3.3 Governing Standard (Rule 56, SCRCP)

Under Rule 56(c), SCRCP, summary judgment “shall be rendered” when “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 the moving party is entitled to judgment as a matter of law.” The court considers the evidence in the light most favorable to the non-moving party, but it “must not… convert the motion into a trial.” Rule 56(e), SCRCP. Once the movant meets its initial burden of demonstrating the absence of a genuine issue for trial, the opposing party “may not rest upon the mere allegations or denials of the pleadings.”

[// GUIDANCE: Do not cite case law per instruction. This paragraph tracks the black-letter language of Rule 56.]

3.4 Argument

3.4.1 [Issue No. 1 – e.g., Breach of Contract Claim Fails]

A. Applicable Law
B. Application to Undisputed Facts
C. Relief Sought

3.4.2 [Issue No. 2 – e.g., Negligence Claim Barred by Economic Loss Rule]

(Repeat structure.)

[// GUIDANCE: For each claim/defense, (1) articulate essential elements under SC law; (2) identify which element fails as a matter of undisputed fact; (3) link to evidence; (4) explain legal consequence.]

3.5 Conclusion & Prayer for Relief

For the foregoing reasons, [Movant] respectfully requests that the Court:

1. GRANT this Motion;
2. ENTER judgment in favor of [Movant] on all claims asserted by [Non-Movant];
3. TAX costs against [Non-Movant] pursuant to Rule 54(d), SCRCP; and
4. AWARD such other and further relief as the Court deems just and proper.

4. CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of the foregoing Motion for Summary Judgment and Memorandum in Support upon all counsel of record by [method of service compliant with Rule 5(b), SCRCP] addressed as follows:

text
[Name & Address of Counsel]
DATED: __, 20_

text

[ATTORNEY NAME]
[// GUIDANCE: Verify local e-filing protocols. Many SC circuits require simultaneous e-filing and conventional service.]

ADDITIONAL PRACTICE NOTES

1. Brief Length. South Carolina’s statewide rules impose no fixed page limit on summary-judgment memoranda; however, many circuit courts adopt standing orders (commonly 15–30 pages). Confirm and insert the applicable limit:
   “[This memorandum contains _ pages and therefore complies with Standing Order No. _ of the [COUNTY] County Court of Common Pleas.]”

2. Evidence Formatting. Exhibits should be tab-indexed and separately filed/served. Affidavits must satisfy Rule 56(e) (made on personal knowledge, admissible facts, sworn before a notary).

3. Hearings Without Oral Testimony. Circuit courts ordinarily do not receive live testimony on Rule 56 motions. If specialized evidence (e.g., expert testimony) is pivotal, submit by deposition transcript or affidavit.

4. Proposed Order. Chambers often prefer a proposed order in editable format emailed 24 hours before hearing. Include: Findings of Undisputed Fact, Conclusions of Law, and Judgment.

END OF TEMPLATE