Motion for Summary Judgment — Rule 56

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE INFORMATION

County *

File No. *

Division

Movant's Role *

Movant Name *

Opposing Party Name *

03CLAIMS / ISSUES FOR SUMMARY JUDGMENT

04LEGAL STANDARD

Summary judgment is appropriate under N.C.R. Civ. P. Rule 56 when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Barnette v. Woody, 242 N.C. App. 1 (2015); Holt v. County of Alleghany, 58 N.C. App. 323 (1982). The moving party bears the burden of demonstrating the absence of any triable issue.

05SUPPORTING MATERIALS ATTACHED

Memorandum of Law in Support Affidavit(s)

AFFIANT NAMES

Deposition excerpts Discovery responses Contract or other documents Expert affidavit

06RELIEF REQUESTED

Scope of Summary Judgment

SPECIFIC CLAIMS FOR WHICH JUDGMENT IS SOUGHT

07HEARING

Hearing Requested

Scheduled Hearing Date (if known)

Hearing Time

08CERTIFICATE OF SERVICE

Date Served *

Served Upon *

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RULE 56 CHECKLIST

MSJ may be filed by any party after pleadings are closed (or earlier by leave of court)
Moving party must show: no genuine issue of material fact AND entitled to judgment as matter of law
Non-moving party may not rest on mere allegations — must set forth specific facts showing a genuine issue
Affidavits must be based on personal knowledge, set forth admissible facts, and show affiant is competent
Rule 56(f): Court may continue the motion if the non-movant needs additional discovery
Partial summary judgment under Rule 56(d) can resolve fewer than all claims

STATUTORY REFERENCE

Rule 56(a)Plaintiff's motion for SJ

Rule 56(b)Defendant's motion for SJ

Rule 56(c)Standard & procedure

Rule 56(d)Partial summary judgment

Rule 56(e)Affidavit requirements

Rule 56(f)Continuance for discovery

NEED AN ATTORNEY?

This motion must be filed and signed by a licensed NC attorney
Barker Richardson, PLLC → for civil litigation