[// GUIDANCE: This template is drafted for use in any South Dakota Circuit Court proceeding under SDCL ch. 15-6 and reflects statewide practice standards. Adapt to the local practice preferences of the particular judge or circuit (e.g., page limits, font size, citation style). Delete all guidance comments prior to filing.]

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STATE OF SOUTH DAKOTA CIRCUIT COURT
_ JUDICIAL CIRCUIT – ___ COUNTY
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[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Case No. [____]
)
[DEFENDANT NAME], )
Defendant. )
)

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
(SDCL 15-6-56) – ORAL ARGUMENT REQUESTED
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TO: [Opposing counsel name & address] – Counsel for Plaintiff

Defendant [DEFENDANT NAME] (“Movant”), by and through undersigned counsel, moves this Court, pursuant to SDCL 15-6-56 and the Court’s inherent authority, for entry of summary judgment in its favor on all claims asserted by Plaintiff. The grounds and supporting materials are set forth below and in the concurrently-filed:

1. Memorandum of Law in Support of Motion for Summary Judgment;
2. Statement of Undisputed Material Facts (“SUMF”) with cited record evidence;
3. [Affidavit/Declaration] of [NAME] with Exhibits A–[__];
4. [Deposition excerpts], certified true copies;
5. Proposed Order Granting Summary Judgment.

Movant respectfully requests oral argument per SDCL 15-6-6(d) and Local Practice Rule [INSERT RULE OR “N/A”] and estimates the time needed will not exceed [00] minutes.

DATED: [____]

Respectfully submitted,

[ATTORNEY NAME] (SD Bar #_____)
[Law Firm]
[Address]
[Telephone]
[Email]
Attorney for Defendant

NOTICE OF MOTION & HEARING

[// GUIDANCE: Omit if the Court has already set a dispositive-motion deadline/hearing by scheduling order.]

PLEASE TAKE NOTICE that the undersigned will bring the foregoing motion on for hearing before the Honorable [JUDGE NAME], Circuit Judge, at the [COURTHOUSE NAME], [ADDRESS], on the ___ day of _, 20_, at ___ _.m., or as soon thereafter as counsel may be heard.

Service of this notice is made pursuant to SDCL 15-6-6(d) and SDCL 15-6-5.

[ATTORNEY SIGNATURE BLOCK]

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MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
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[// GUIDANCE: Many South Dakota judges prefer separate filings for the memorandum and SUMF. Verify the Court’s preference before combining.]

TABLE OF CONTENTS
1. Introduction ..................................................... 1
2. Statement of Issues ............................................... 2
3. Procedural & Factual Background ................................... 2
4. Summary-Judgment Standard (SDCL 15-6-56) .......................... 4
5. Argument .......................................................... 5
5.1 Count I – [Brief Heading] ...................................... 5
5.2 Count II – [Brief Heading] ..................................... 8
5.3 [Additional Counts] ........................................... 9
6. Conclusion ........................................................ 11

[// GUIDANCE: Insert automatic page-numbers before filing.]

1. INTRODUCTION

[Concise overview of dispute, claims, and why no genuine issue of material fact exists.]

2. STATEMENT OF ISSUES

Whether, under SDCL 15-6-56(c), the undisputed material facts establish as a matter of law that Defendant is entitled to judgment on each of Plaintiff’s claims. [List sub-issues as numbered bullets if preferred.]

3. PROCEDURAL & FACTUAL BACKGROUND

[Summarize pleadings history, discovery milestones, and any relevant court orders. Cross-reference paragraphs of the SUMF by “(SUMF ¶ __).”]

4. SUMMARY-JUDGMENT STANDARD

SDCL 15-6-56(c) authorizes summary judgment when “there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Affidavits or declarations must be made on personal knowledge, set forth facts that would be admissible in evidence, and affirmatively show the affiant is competent to testify to the matters stated. SDCL 15-6-56(e).

[// GUIDANCE: Omit citations to case law unless mandated by the presiding judge’s practice guidelines.]

5. ARGUMENT

5.1 Count I – [Insert Heading]
[Identify applicable statutory/contractual elements, cite SUMF paragraphs and record exhibits, demonstrate undisputed facts negate an essential element or establish an affirmative defense.]

5.2 Count II – [Insert Heading]
[...]

5.3 [Additional Counts as necessary]
[...]

[// GUIDANCE: If asserting affirmative defenses (e.g., limitations, preemption), present each in its own subsection.]

6. CONCLUSION

For the reasons stated, and based on the record evidence cited herein and in the SUMF, Defendant respectfully requests that the Court:

A. Enter summary judgment in favor of Defendant on all claims;
B. Dismiss Plaintiff’s Complaint with prejudice; and
C. Award Defendant its taxable costs as allowed by SDCL ch. 15-17 and any other relief the Court deems just and proper.

DATED: [____]

[ATTORNEY SIGNATURE BLOCK]

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STATEMENT OF UNDISPUTED MATERIAL FACTS (SDCL 15-6-56(c))
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Defendant submits the following numbered statements of fact, each of which is material, undisputed, and supported by citation to record evidence permitted under SDCL 15-6-56(e):

1. At all relevant times, Plaintiff and Defendant were parties to a written contract dated [DATE] (“Contract”). (Ex. A § 1.1; Aff. of [NAME] ¶ 3).
2. [...]
   n. [...]

[// GUIDANCE: Use short, numbered paragraphs. Cite to specific exhibit pages (e.g., “Ex. B at 7:13-22”). Avoid argument; reserve argument for the memorandum.]

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CERTIFICATE OF SERVICE
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I certify that on this ___ day of ____, 20__, I served the foregoing:

• Defendant’s Motion for Summary Judgment;
• Memorandum of Law in Support;
• Statement of Undisputed Material Facts; and
• Proposed Order

on all counsel of record via [e-filing/service method], addressed as follows:

[NAME], Esq.
[Law Firm]
[Address]
Email: [____]

[ATTORNEY SIGNATURE BLOCK]

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[PROPOSED] ORDER GRANTING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
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The Court, having reviewed Defendant’s Motion for Summary Judgment, the supporting materials, and being fully advised, FINDS under SDCL 15-6-56 that no genuine issue of material fact exists and 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;
2. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE;
3. Judgment shall be entered in favor of Defendant on all claims; and
4. Defendant is awarded its taxable costs pursuant to SDCL ch. 15-17, to be submitted within [__] days of entry of this Order.

DATED this ___ day of ____, 20__.

Hon. [JUDGE NAME]
Circuit Court Judge, ____ Judicial Circuit
State of South Dakota

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[// GUIDANCE: 1) Confirm local rules for page limits—many South Dakota circuits informally limit principal briefs to 25 pages unless leave is granted. 2) Check scheduling order deadlines for dispositive motions and hearing dates. 3) If filing electronically via Odyssey, follow the “lead document” and “attachment” conventions. 4) Replace bracketed placeholders before filing and remove all guidance comments.]