Summary judgment
motions ask a judge to skip the trial.
San Diego has both federal and state courts, and the rules of procedure differ slightly between the two. The following is true for both. A motion for summary judgment is not a fill-in-the-blanks form you complete. Pretrial motions are legal essays, often dozens of pages long, that illustrate the author's legal scholarship. Pro se litigants, who are representing themselves, usually need to hire a lawyer to write motions for them. Summary judgment motions are made after discovery, when the facts of a case are fully exposed. They argue that those facts are so clear that the judge should issue an immediate ruling and not waste time on a trial.
Instructions
1. Write the header for the motion following either the California or Federal Rules of Civil Procedure. Clearly identify the author of the motion, his bar number, the names of the plaintiff and defendant, the case number and the title "Notice of Motion for Summary Judgment/Adjudication."
2. Type or print a brief explanation of the grounds for this motion immediately below the header.
3. Attach the following four supporting documents to the motion: A separate statement of undisputed material facts in support of the motion; a memorandum in support of the motion; evidence in support of the motion; and a formal request for judicial support of the motion.
4. Bind together collections of supporting documents longer than 25 pages with a table of contents.
5. File the motion no sooner than 60 days after the after the first appearance of the person against whom the motion is directed. Serve it with a notice of the motion on the parties at least 75 days before the hearing.
6. Serve the opposing counsel with the motion and all supporting documents either by facsimile, overnight mail, hand delivery or regular mail.
Tags: support motion, supporting documents, judgment motions, Summary judgment, Summary Judgment, Summary judgment motions