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UTAH STATE COURT – MOTION FOR SUMMARY JUDGMENT TEMPLATE
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This template is drafted for use in Utah state district courts and
complies with the Utah Rules of Civil Procedure (“URCP”).
Customize all bracketed placeholders before filing.
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IN THE [___ JUDICIAL DISTRICT] COURT
IN AND FOR [___] COUNTY, STATE OF UTAH
[PLAINTIFF NAME(S)],
Plaintiff(s),
v.
[DEFENDANT NAME(S)],
Defendant(s).
| Case No.: | [_] |
| Judge: | Hon. [_] |
DEFENDANT [NAME]’S MOTION FOR SUMMARY JUDGMENT AND SUPPORTING MEMORANDUM
(Utah R. Civ. P. 56 & 7)
[// GUIDANCE: Utah practice permits a combined motion/memorandum. If local standing orders require separate filings, split this document accordingly.]
TABLE OF CONTENTS
- Notice of Motion and Relief Requested
- Introduction
- Statement of Undisputed Material Facts
- Summary Judgment Standard
- Argument
5.1 Claim One – [Title]
5.2 Claim Two – [Title]
5.3 Additional Claims/Defenses - Conclusion & Prayer for Relief
- Certification of Compliance (URCP 7(c)(1))
- Certificate of Service
- Proposed Order (Exhibit A)
1. NOTICE OF MOTION AND RELIEF REQUESTED
PLEASE TAKE NOTICE that Defendant [NAME] (“Movant”), by and through undersigned counsel, will and hereby does move this Court, pursuant to Utah R. Civ. P. 56, for entry of summary judgment in Movant’s favor on all claims asserted by Plaintiff [NAME] (or specify particular claims/defenses). Movant requests that the Court:
a. Enter judgment dismissing [identify claim(s)] with prejudice;
b. Award Movant its allowable costs pursuant to Utah R. Civ. P. 54(d); and
c. Grant such further relief as the Court deems just and proper.
A hearing is requested for [DATE], at [TIME], or at such time as set by the Court. This motion is supported by the memorandum below, the accompanying declarations/affidavits, the complete record in this action, and any oral argument the Court may permit.
2. INTRODUCTION
[Briefly (1–2 paragraphs) explain why no genuine dispute of material fact exists and why Movant is entitled to judgment as a matter of law. Focus on the core dispositive issue(s).]
3. STATEMENT OF UNDISPUTED MATERIAL FACTS (“SUMF”)
Pursuant to URCP 56(c)(1), Movant submits the following numbered facts, each of which is material and undisputed. Citations identify the precise portions of the record supporting each fact.
- Fact 1. [Text of fact]. (See [Record Cite]).
- Fact 2. [Text of fact]. (See [Record Cite]).
- Fact 3. …
…
n. Fact n. …
[// GUIDANCE:
• Use concise, affirmative statements.
• Each fact must cite admissible evidence (deposition page/line, declaration paragraph, exhibit #, etc.).
• Consider attaching a separate “Statement of Undisputed Material Facts” if local practice prefers.]
4. SUMMARY JUDGMENT STANDARD
Under Utah R. Civ. P. 56(a), summary judgment shall be granted if “there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.” The moving party bears the initial burden of demonstrating the absence of a genuine issue; the burden then shifts to the non-movant to “set forth specific facts” showing a genuine dispute. See Utah R. Civ. P. 56(c)(1)–(4).
[// GUIDANCE: Omit case citations unless absolutely essential and 100 % certain. The rule citation above is sufficient.]
5. ARGUMENT
5.1 Claim One – [e.g., Breach of Contract]
-
Element 1 – Existence of Contract.
(a) Undisputed Fact(s): [cite SUMF #].
(b) Legal Requirement: [brief rule/authority].
(c) Application: [explain how facts satisfy/negate element]. -
Element 2 – Breach.
… -
Element 3 – Damages.
…
Therefore, because Plaintiff cannot establish [element], no reasonable trier of fact could find liability, and summary judgment is appropriate on Claim One.
5.2 Claim Two – [Title]
[Repeat structured analysis for each remaining claim or defense.]
5.3 Additional Claims / Affirmative Defenses
[// GUIDANCE: Address any counterclaims, affirmative defenses, or partial-summary-judgment issues here.]
6. CONCLUSION & PRAYER FOR RELIEF
For the foregoing reasons, Movant respectfully requests that the Court:
- GRANT this Motion;
- ENTER judgment in favor of Movant on [all / specified] claim(s);
- AWARD Movant its taxable costs pursuant to URCP 54(d); and
- ORDER such further relief as the Court deems just and proper.
7. CERTIFICATION OF COMPLIANCE (URCP 7(c)(1))
I certify that this combined motion and memorandum does not exceed 25 pages, exclusive of face sheet, signature block, certificates, and exhibits, and therefore complies with Utah R. Civ. P. 7(c)(1).
Dated: [DATE]
Respectfully submitted,
[ATTORNEY NAME]
[Utah Bar No. ____]
[LAW FIRM NAME]
[Address]
[Telephone] | [Email]
Attorney for Defendant [NAME]
8. CERTIFICATE OF SERVICE
I certify that on [DATE], I caused a true and correct copy of the foregoing Motion for Summary Judgment and Supporting Memorandum (with all exhibits) to be served upon the following via [e-filing system / email / hand delivery / U.S. Mail] pursuant to URCP 5:
• [OPPOSING COUNSEL NAME], counsel for Plaintiff
[Email / Address]
[NAME]
9. PROPOSED ORDER
(Exhibit A – Submit as a separate PDF/Word file if required)
[COURT HEADER]
ORDER GRANTING DEFENDANT [NAME]’S MOTION FOR SUMMARY JUDGMENT
Having considered Defendant [NAME]’s Motion for Summary Judgment, the memoranda and evidence submitted, the arguments of counsel (if any), and good cause appearing,
IT IS HEREBY ORDERED that:
- Defendant’s Motion is GRANTED.
- Judgment is entered in favor of Defendant and against Plaintiff on [all / specified] claims.
- Defendant is awarded its taxable costs pursuant to Utah R. Civ. P. 54(d).
- The Clerk shall close the case (if final).
DATED this ___ day of ____, 20__.
Hon. [JUDGE NAME]
District Court Judge
[// PRACTICAL CHECKLIST FOR COUNSEL
✔ Confirm page limits (URCP 7(c)(1)).
✔ Attach sworn declarations/affidavits for every fact lacking documentary support.
✔ File separate “Notice of Hearing” if required by local scheduling procedures.
✔ Serve all exhibits in OCR-searchable PDF format for judicial convenience.
✔ Consider filing a separate, short “Objection Chart” to any anticipated evidentiary challenges.
✔ Update the certificate of service to reflect actual method and recipients.
✔ Verify judge-specific practice standards (standing orders may limit additional briefing).]
[// END OF TEMPLATE]