SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF [COUNTY]

Hearing Date: [DATE]
Hearing Time: [TIME]
Judge: Hon. [NAME]
Courtroom: [COURTROOM]

[// GUIDANCE: Some counties (e.g., King, Pierce) require a separate “Notice of Hearing” using the clerk’s form. If so, detach the above hearing information and file the Notice separately in compliance with the local rule.]

TABLE OF CONTENTS

[// GUIDANCE: Delete if local rules discourage lengthy motions.]

1. Relief Requested .................................................................................... 1
2. Issues To Be Decided ........................................................................ 1
3. Statement of Undisputed Material Facts ...................................... 2
4. Evidence Relied Upon ...................................................................... 4
5. Legal Standard ................................................................................... 4
6. Argument ............................................................................................. 5
7. Conclusion ........................................................................................... 8
8. Proposed Order ................................................................................. 9
9. Certification of Compliance ........................................................ 10
10. Certificate of Service ................................................................... 11

I. RELIEF REQUESTED

Pursuant to Washington Superior Court Civil Rule 56 (“CR 56”), Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves for summary judgment in its favor on all claims asserted by Plaintiff [PLAINTIFF NAME] (“Plaintiff”). No genuine issue of material fact exists, and Defendant is entitled to judgment as a matter of law.

II. ISSUES TO BE DECIDED

1. Whether the undisputed evidence establishes that Plaintiff cannot prove an essential element of [CLAIM].
2. Whether Defendant is entitled to judgment as a matter of law on [COUNTERCLAIM / AFFIRMATIVE DEFENSE], thereby disposing of the action in its entirety.

III. STATEMENT OF UNDISPUTED MATERIAL FACTS

[// GUIDANCE: Present each fact in a separate, consecutively-numbered paragraph. Cite to the specific declaration/exhibit supporting the fact. Avoid argument; reserve legal characterization for the Argument section.]

1. On [DATE], Plaintiff and Defendant executed the [AGREEMENT] (“Agreement”). (Decl. of [NAME] ¶ 3, Ex. A.)
2. The Agreement required Plaintiff to [OBLIGATION]. (Id.)
3. Plaintiff failed to perform by the [DEADLINE], causing Defendant to incur [DAMAGES]. (Id. ¶ 7.)
4. …

IV. EVIDENCE RELIED UPON

1. Declaration of [NAME] with Exhibits A–[__].
2. Declaration of [EXPERT NAME] pursuant to ER 702.
3. Certified copies of [DOCUMENTS] obtained from [SOURCE].
4. The complete court file herein.

[// GUIDANCE: CR 56(e) requires that supporting affidavits/declarations be based on personal knowledge, set forth facts admissible in evidence, and affirm competency to testify. Attach business-records custodial declarations when authenticating records under ER 803(6) and ER 902(11).]

V. LEGAL STANDARD

Under CR 56(c), summary judgment shall be granted 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.” The moving party bears the initial burden of showing the absence of an issue of material fact; thereafter, the non-moving party must set forth specific facts demonstrating a genuine issue for trial, supported by admissible evidence. CR 56(e). Conclusory allegations, speculation, and argument unsupported by competent evidence are insufficient. Id.

[// GUIDANCE: Omit case citations per instructions; rely on the rule text.]

VI. ARGUMENT

A. Plaintiff Cannot Establish the Essential Element of [ELEMENT]

1. The Agreement unambiguously provides that [PROVISION]. (Decl. of [NAME] Ex. A § [__].)
2. Plaintiff admits that [ADMISSION]. (Dep. of [PLAINTIFF] at [p.__].)
3. Because [EXPLANATION], Plaintiff cannot establish [ELEMENT], and Defendant is entitled to judgment as a matter of law.

B. Affirmative Defense: [STATUTE OF LIMITATIONS / LACHES / ETC.] Bars Plaintiff’s Claims

1. The cause of action accrued on [DATE].
2. The applicable limitation period under RCW [] is [] years.
3. Plaintiff filed suit on [DATE], after the limitations period expired; therefore, the claims are time-barred.

C. Alternative Basis: No Recoverable Damages

1. Plaintiff seeks [CATEGORY OF DAMAGES], which are precluded by [CONTRACTUAL LIMITATION / LEGAL DOCTRINE].
2. Even if liability existed, damages are speculative and unsupported by competent evidence. (See Decl. of [EXPERT NAME] ¶¶ –.)

VII. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that the Court:
1. Grant Defendant’s Motion for Summary Judgment;
2. Dismiss Plaintiff’s Complaint with prejudice; and
3. Award Defendant its taxable costs as permitted by RCW 4.84.010.

VIII. PROPOSED ORDER

A proposed form of order is submitted herewith pursuant to CR 7(b)(1).

IX. CERTIFICATION OF COMPLIANCE

I certify that this motion (exclusive of exhibits, declarations, and the certificate of service) contains ____ pages and complies with the page limitations of [LOCAL RULE CITATION] for dispositive motions.

DATED: [DATE]

Respectfully submitted,

text
[LAW FIRM NAME]

By: ______
[ATTORNEY NAME], WSBA No. [__]
Attorneys for Defendant
Address: [ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]

X. CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion for Summary Judgment, Proposed Order, and supporting declarations/exhibits on all counsel of record via [E-Service / Email / U.S. Mail] in accordance with CR 5(b) and [LOCAL RULE CITATION].

text

[ATTORNEY NAME]

EXHIBIT 1 – PROPOSED ORDER GRANTING SUMMARY JUDGMENT

SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF [COUNTY]

This matter came before the Court on Defendant [DEFENDANT NAME]’s Motion for Summary Judgment. The Court, having reviewed the motion, the pleadings and papers on file, the declarations and exhibits submitted, and having heard oral argument (if any), and being fully advised, hereby ORDERS:

1. Defendant’s Motion for Summary Judgment is GRANTED.
2. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE.
3. Defendant is awarded its statutory costs, to be taxed by the Clerk pursuant to RCW 4.84.090.
4. Any further relief requested by the parties not expressly granted herein is DENIED.

DATED this ___ day of ____, 20__.

text

JUDGE/COMMISSIONER
Presented by:
[ATTORNEY NAME], WSBA No. [_____]
Attorneys for Defendant

[// GUIDANCE:
• Filing & Service Timing—CR 56(c) requires the motion be filed and served at least 28 days before the hearing (local rules may shorten/extend).
• Evidence—Ensure every exhibit is authenticated by declaration or self-authenticating under ER 902.
• Briefing Limits—Check the Local Civil Rules (“LCRs”) for the county. E.g., King County LCR 7 limits dispositive motions to 24 pages; Pierce County LCR 7(a)(4) to 12 pages plus a separate statement of facts. Tailor the Certification of Compliance accordingly.
• Working Copies—Many Washington counties require a Judge’s Working Copy delivered to chambers with the motion’s index and tabs; verify and comply.
• Oral Argument—Indicate “Oral Argument Requested” in the caption if desired; some judges require a note of oral argument.
• Proposed Orders—Most counties mandate an editable Word copy via the court’s e-portal or email; include the header exactly as above.
• CR 11 Signature—Ensure the signature block contains the attorney’s WSBA number and contact information.]