AOC-CV-415 — Motion for Summary Judgment

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⚠ RULE 56 REQUIREMENT: A Motion for Summary Judgment must be accompanied by a supporting brief and, where appropriate, affidavits and/or documentary exhibits. This form generates the motion only — prepare your brief and affidavits separately.

01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02 CASE CAPTION

File No. *

County *

Court Division *

Plaintiff *

Defendant *

03 MOTION DETAILS

Moving Party *

Rule 56 Basis

There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (Rule 56(c), NC Rules of Civil Procedure)

Supporting Materials *

Brief Summary of Undisputed Material Facts *

Request Oral Hearing?

Date Filed *

Estimated Hearing Time

04 CERTIFICATE OF SERVICE

Served Upon (Opposing Counsel) *

Date of Service *

Method of Service

Service Address / Fax / Email

SELECTED COUNTY

— Select above —

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STATUTORY REFERENCE

Rule 56(a)MSJ by claimant

Rule 56(b)MSJ by defending party

Rule 56(c)No genuine issue standard

Rule 56(d)Case not fully adjudicated

Rule 56(e)Form of affidavits

AOC-CV-415MSJ motion form

REQUIRED ATTACHMENTS

Supporting brief / memorandum of law (required under local rules)
Affidavit(s) sworn by competent witness(es) with personal knowledge
Documentary exhibits (contracts, records, etc.) — must be authenticated
Deposition excerpts (if relied upon)
Notice of Hearing / Calendar Request (AOC-CV-400)

FILING NOTES

Motion may be filed any time after 30 days from commencement of action
Non-moving party may file response affidavits — allow adequate time
Check local rules for briefing schedules and hearing calendars
All supporting materials must be filed simultaneously with this motion
Serve on all parties simultaneously with filing

NEED AN ATTORNEY?

Summary judgment practice requires experienced civil litigation counsel
Barker Richardson, PLLC → civil litigation in NC