[COURT NAME]
[COUNTY], TENNESSEE
[PLAINTIFF NAME],
Plaintiff,
v. Docket No. [__]
[DEFENDANT NAME],
Defendant.
MOTION FOR SUMMARY JUDGMENT
[Rule 56, Tennessee Rules of Civil Procedure]
[// GUIDANCE: Insert local rule citation if the court imposes additional briefing or evidentiary requirements (e.g., Davidson Cnty. Chancery Ct. R. 26).]
TABLE OF CONTENTS
- Motion………………………………………………………………… 1
- Statement of Undisputed Material Facts………………………… 2
- Memorandum of Law………………………………………………… 5
3.1 Introduction………………………………………………………… 5
3.2 Applicable Summary-Judgment Standard…………………… 5
3.3 Argument…………………………………………………………… 6 - Conclusion & Prayer for Relief…………………………………… 10
- Certificate of Service……………………………………………… 11
- Proposed Order (Exhibit A)……………………………………… A-1
1. MOTION
COMES NOW [Moving Party] (“[Plaintiff/Defendant]”), pursuant to Tenn. R. Civ. P. 56 and any applicable local rules, and respectfully moves this Court for the entry of summary judgment in its favor and against [Non-Moving Party] on the claims/defenses set forth in [identify pleadings]. As shown in the accompanying Statement of Undisputed Material Facts (“SUMF”), supporting affidavits, and Memorandum of Law, there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.
A hearing on this Motion is requested on [HEARING DATE] at [TIME] or at such other time as the Court may set.
[// GUIDANCE: If the court requires a separate notice setting the motion for hearing, prepare and file concurrently.]
2. STATEMENT OF UNDISPUTED MATERIAL FACTS
(Required by Tenn. R. Civ. P. 56.03)
Pursuant to Tenn. R. Civ. P. 56.03, [Moving Party] submits the following numbered paragraphs of fact, each supported by a specific citation to the record:
- Fact No. 1: [Insert fact]. (See [Citation—e.g., “Smith Aff. ¶ 3”]).
- Fact No. 2: [Insert fact]. (See [Citation]).
- …
n. Fact No. n: [Insert fact]. (See [Citation]).
[// GUIDANCE: Citations must reference evidence in admissible form—deposition excerpts, responses to requests for admission, properly sworn affidavits, or authenticated documents. Attach supporting materials as separate exhibits, clearly labeled.]
3. MEMORANDUM OF LAW
3.1 Introduction
This Motion presents a purely legal dispute: whether [briefly state core legal issue]. The undisputed facts establish that [summary]. Accordingly, summary judgment is appropriate.
3.2 Applicable Summary-Judgment Standard
- Tenn. R. Civ. P. 56.01 authorizes a party to move for summary judgment on any claim or defense.
- Under Tenn. R. Civ. P. 56.04, the Court must grant the motion “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.”
- Tenn. R. Civ. P. 56.03 requires the movant to file a separate statement of facts with pinpoint citations; the non-movant must respond by specifically disputing or admitting each fact.
- Evidentiary Requirements: Affidavits must be based on personal knowledge, set forth facts admissible in evidence, and demonstrate the affiant’s competence to testify. Tenn. R. Civ. P. 56.06.
[// GUIDANCE: Omit case citations unless absolutely necessary and certain. Rely on the rule text.]
3.3 Argument
A. The [CLAIM/DEFENSE] Fails as a Matter of Law
1. Legal Framework
[Explain the statutory or contractual elements that must be proven.]
2. Application to Undisputed Facts
Reference SUMF ¶¶ [-] demonstrating each element (or lack thereof).
B. [Alternative/Additional Grounds]
1. [Ground]
2. [Application]
C. Briefing Limits Compliance
[// GUIDANCE: Insert language certifying compliance with any page-limit or word-count rule. Example:]
“This Memorandum comprises ___ pages, exclusive of the caption, table of contents, signature block, certificate of service, and exhibits, and therefore complies with [LOCAL RULE] § [__].”
4. CONCLUSION & PRAYER FOR RELIEF
WHEREFORE, [Moving Party] respectfully requests that the Court:
1. Grant this Motion and enter summary judgment in favor of [Moving Party] on [specify claims/defenses];
2. Tax all costs against [Non-Moving Party]; and
3. Award such other and further relief as the Court deems just and proper.
Respectfully submitted this ___ day of [Month], [Year].
[ATTORNEY NAME] (BPR No. ______)
[LAW FIRM]
[Address]
[Phone] | [Email]
Counsel for [Moving Party]
5. CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of [Month], [Year], a true and correct copy of the foregoing Motion for Summary Judgment, Statement of Undisputed Material Facts, Memorandum of Law, and all referenced exhibits were served via [method] upon:
[Opposing Counsel Name]
[Law Firm]
[Address]
[Email]
[ATTORNEY NAME]
6. PROPOSED ORDER (EXHIBIT A)
IN THE [COURT NAME], [COUNTY], TENNESSEE
[PLAINTIFF], )
Plaintiff, )
v. ) No. [_____]
[DEFENDANT], )
Defendant. )
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
Upon consideration of the Motion for Summary Judgment filed by [Moving Party], the Statement of Undisputed Material Facts, the response and reply, if any, the record, and argument of counsel, the Court finds that no genuine issue of material fact exists and that [Moving Party] is entitled to judgment as a matter of law pursuant to Tenn. R. Civ. P. 56.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:
1. The Motion for Summary Judgment is GRANTED;
2. Judgment is entered in favor of [Moving Party] and against [Non-Moving Party] on [specify claims/defenses];
3. Court costs are taxed to [__]; and
4. This is a final order pursuant to Tenn. R. Civ. P. 54.02.
ENTERED this ___ day of [Month], [Year].
Chancellor/Judge
APPROVED FOR ENTRY:
[ATTORNEY NAME]
Counsel for [Moving Party]
[ATTORNEY NAME]
Counsel for [Non-Moving Party]
[// GUIDANCE: Attach all supporting affidavits and exhibits as separately tabbed documents (Exhibits 1-__). Ensure any sensitive personal information is redacted per Tenn. R. Sup. Ct. R. 47. Before filing, confirm compliance with e-filing formatting requirements in the subject court.]