[// GUIDANCE: This template is drafted for use in any West Virginia Circuit
Court proceeding. It is intentionally comprehensive yet modular—delete any
sections or bracketed language that do not apply to your case. Confirm and
comply with all local rules, scheduling orders, and judicial preferences
before filing. ]

IN THE CIRCUIT COURT OF [____] COUNTY, WEST VIRGINIA

[PLAINTIFF NAME],
  Plaintiff,
v.
[DEFENDANT NAME],
  Defendant.

Civil Action No.: [_]
Judge: The Honorable [_]

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

(Or, Plaintiff’s Motion for Summary Judgment—select appropriate party)

TABLE OF CONTENTS

1. Notice of Motion and Relief Requested........................................... 1
2. Statement of Undisputed Material Facts......................................... 2
3. Legal Standard........................................................................................ 4
4. Argument................................................................................................... 5
    4.1 Claim 1 – [Insert Short Descriptor].............................................. 5
    4.2 Claim 2 – [Insert Short Descriptor].............................................. 7
    4.3 Damages/Remedy Issues............................................................ 10
5. Conclusion & Prayer for Relief....................................................... 11
6. Certificate of Service.................................................................... 12
7. Proposed Order (Exhibit A)........................................................... 13

[// GUIDANCE: Revise pagination once finalized. TOC can be auto-generated in
most word processors.]

1. NOTICE OF MOTION AND RELIEF REQUESTED

PLEASE TAKE NOTICE that, pursuant to W. Va. R. Civ. P. 56 and W. Va. Trial Ct. R. 11.03, [MOVING PARTY] hereby moves this Court for the entry of summary judgment in its favor on all claims asserted by [non-moving party] (or on Counts [___] of the Complaint/Counterclaim), together with such other and further relief as the Court deems just and proper.

A hearing on this Motion is requested at the Court’s earliest convenience, or on a date and time the Court may set. Unless the Court orders otherwise, oral argument is requested pursuant to W. Va. R. Civ. P. 56(c).

2. STATEMENT OF UNDISPUTED MATERIAL FACTS

Pursuant to Rule 56 and this Court’s Scheduling Order, the following facts are offered as undisputed. Each fact is supported by the cited portion of the record. Pin-citations are provided to facilitate the Court’s review.

[// GUIDANCE:
• Use consecutively numbered facts.
• Cross-reference each exhibit exactly as it appears in your appendix.
• If desired, attach a separate “Statement of Undisputed Material Facts.” ]

3. LEGAL STANDARD

1. Summary judgment shall be granted “if 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 a judgment as a matter of law.” W. Va. R. Civ. P. 56(c).

2. Supporting and opposing affidavits “shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.” W. Va. R. Civ. P. 56(e).

3. Memoranda of law in support of dispositive motions “shall not exceed fifteen (15) pages” absent leave of court. W. Va. Trial Ct. R. 11.03. The undersigned certifies that this memorandum complies with that limitation. [Adjust if your court’s local rule differs or if the court granted leave for additional pages.]

4. ARGUMENT

[// GUIDANCE: Break your argument into clear, numbered sections corresponding
to each cause of action or defense. Begin each subsection with a concise
thesis sentence stating precisely why the claim fails as a matter of law.]

4.1 Claim 1 – [e.g., Breach of Contract] Fails Because [Element] Cannot Be Proven

A. The moving party shifts the burden by demonstrating the complete absence of evidence on an essential element. Rule 56(c).
B. Undisputed Fact Nos. [ – ] establish that …
C. Under the plain terms of the written agreement (Ex. __ § __), [non-moving party] accepted…
D. Therefore, no reasonable jury could find that … and summary judgment is proper.

4.2 Claim 2 – [e.g., Negligence] Is Barred by the Economic Loss Doctrine

A. Undisputed Fact No. __ shows that the only damages alleged are purely economic.
B. West Virginia’s economic loss rule precludes tort recovery absent personal injury or property damage.
C. Accordingly, [non-moving party] cannot proceed on its negligence theory.

4.3 Damages/Remedy Issues

Even if liability existed (it does not), the undisputed record limits damages to [describe]. The Court should therefore enter partial summary judgment capping any potential recovery at [$_____].

5. CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, [MOVING PARTY] respectfully requests that this Court:

1. GRANT this Motion;
2. ENTER judgment in favor of [MOVING PARTY] on Counts [__] of the [Complaint/Counterclaim];
3. DISMISS those claims with prejudice; and
4. AWARD such further relief as the Court deems just and proper.

Respectfully submitted this ___ day of [Month], 20__.

6. CERTIFICATE OF SERVICE

I certify that on the ___ day of [Month], 20__, a true and accurate copy of the foregoing “Defendant’s Motion for Summary Judgment” was served upon all counsel of record via:
☐ ECF/Case Management System ☐ Hand Delivery ☐ Email ☐ U.S. Mail ☐ Other: [specify].

[ATTORNEY NAME] (WV Bar # _____)
[Law Firm Name]
[Address]
[Telephone] [Email]
Counsel for [Moving Party]

7. PROPOSED ORDER (Exhibit A)

plaintext
IN THE CIRCUIT COURT OF [_] COUNTY, WEST VIRGINIA
[Plaintiff], )
Plaintiff, )
v. ) Civil Action No. [____]
[Defendant], )
Defendant. )

ORDER GRANTING SUMMARY JUDGMENT

On this ___ day of _, 20_, came the parties, by counsel, on Defendant’s
Motion for Summary Judgment filed on __, 20__. The Court, having
considered the Motion, the memoranda, the record, and the arguments of counsel,
finds that no genuine issue of material fact exists and that Defendant is entitled
to judgment as a matter of law under W. Va. R. Civ. P. 56.

IT
plaintext
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

1. Defendant’s Motion for Summary Judgment is GRANTED;
2. Judgment is ENTERED in favor of Defendant on Counts [___] of the [Complaint/Counterclaim];
3. Said Counts are DISMISSED WITH PREJUDICE;
4. The Clerk shall STRIKE this matter from the Court’s active docket; and
5. The Court retains jurisdiction to enforce this Order and to address any
   collateral matters, including costs if appropriate.

The Clerk is DIRECTED to transmit certified copies of this Order to all counsel
of record.

ENTERED this ___ day of ____, 20__.

The Honorable [Judge’s Full Name]
Circuit Court of [____] County, West Virginia
[// GUIDANCE: Attach the Proposed Order as a separate PDF or word-processing
document if required by local electronic filing protocol.]

ATTACHMENTS CHECKLIST

☐ Motion for Summary Judgment (this document)
☐ Appendix of Exhibits (tabbed and indexed)
☐ Affidavits/Declarations (Rule 56(e) compliant)
☐ Statement of Undisputed Material Facts (if filed separately)
☐ Proposed Order (Exhibit A)
☐ Certificate of Service

[// GUIDANCE: Verify that each exhibit is properly authenticated and that all
pagination, exhibit numbers, and transcript citations correspond exactly to the
copies provided to the Court and opposing counsel.]

ATTORNEY SIGNATURE BLOCK

plaintext
Respectfully submitted,

[ATTORNEY NAME] (WV Bar # _)
[Law Firm Name]
[Street Address]
[City, State ZIP]
Telephone: [] -
Email: [email address]
Counsel for [Moving Party]
[// GUIDANCE: Confirm that the signing attorney possesses the requisite
authority, that all signatures comply with Rule 11, and that any necessary
verification or declaration under penalty of perjury is included if required by
substantive law (e.g., in support of certain affirmative defenses).]

OPTIONAL SECTIONS & CUSTOMIZATION NOTES

1. Rule 56(f) Relief: Insert a paragraph reserving the right to seek
   “summary judgment on additional grounds” based on subsequent discovery.

2. Oral Argument Request: Many judges decide Rule 56 motions on the briefs.
   If oral argument is essential, include a short, separate motion or
   incorporate a request under the Notice section with reasons why argument
   will aid the Court.

3. Confidential Material: If exhibits contain confidential information
   subject to a protective order, file redacted and unredacted copies in
   accordance with the governing order and W. Va. R. Civ. P. 26(c).

4. Page-Limit Certification: Some judges require an affirmative certification
   under Trial Ct. R. 11.03. Add:
   “I hereby certify that this memorandum does not exceed the fifteen-page
   limit set forth in W. Va. Trial Ct. R. 11.03.”

5. Electronic Signature: If filing through an e-filing system, confirm that
   scanned signatures or s/​ signatures comply with the system’s technical
   requirements.

FINAL PRE-FILING CHECKLIST

✔ Rule 56(c) timing met (30 days after close of discovery unless Court orders
otherwise).
✔ All affidavits/declarations are based on personal knowledge, set out
admissible facts, and show competency.
✔ Exhibits are correctly labeled (Ex. 1, Ex. 2, etc.) and referenced in both
Fact and Argument sections.
✔ Any sealed documents comply with Trial Ct. R. 12.10 (Sealing of Court
Records).
✔ Certificate of Service reflects the precise method used.
✔ Proposed Order is uploaded separately if required by the clerk’s office.

[// GUIDANCE: Retain all native files until the appeal period has run to ensure
record completeness.]

End of Template