1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 UNITED STATES BANKRUPTCY COURT

9 ________ DISTRICT OF ______

10

11 IN RE: ________________, ) Case No.

)
12 Debtors, ) Chapter 7
)
13 Any Plaintiff ) Adv. Proc No.
)
14 Plaintiff, ) NOTICE OF MOTION AND MOTION
) FOR SUMMARY JUDGMENT
15 vs. )
)
16 Any Defendant, ) [Filed concurrently with Memorandum of
) Points and Authorities; Separate Statement of
17 Defendant. ) Uncontroverted Facts and Conclusions of Law;
)
)
Declarations of _______________ and
18
) ______; Exhibits; [Proposed] Judgment
19 ) granting Summary Judgment; and Proof of
) Service]
20 )
)
) Date:
21
) Time:
22 ) Dept.:
)
23 )

24 To subscribe to my FREE weekly legal newsletter visit

25

26
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
27
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 1 To view over 300 sample legal documents sold by LegalDocsPro
2

3
visit: http://www.scribd.com/LegalDocsPro
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Be sure to remove these notices before using this document.
5

6
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

7 PLEASE TAKE NOTICE that on ____________________, at ________, or as soon after that

8 as the matter can be heard, in Dept. _______of the above-entitled Court located at
9
______________________________________, ___________________ will move this court for
10
summary judgment, pursuant to Federal Rule of Civil Procedure 56 on the grounds that no genuine
11
dispute exists as to any material fact and the moving party is entitled to judgment as a matter of law.
12

13 This motion is made following the conference of counsel pursuant to Local Rule 7-3 which

14 took place on _______________________.

15
This motion is based on this notice, the memorandum of points and authorities filed herein,
16
the declaration(s) filed by ________________, and exhibits attached thereto, the statement of
17
uncontroverted facts and conclusions of law, the pleadings previously filed in this action, and any oral
18

19 argument permitted at the hearing on this motion.

20 NOTE THAT YOU MUST FILE THIS MOTION NO LATER THAN 30 DAYS AFTER
21
THE CLOSE OF ALL DISCOVERY IN THE CASE UNLESS A DIFFERENT TIME IS
22
SPECIFIED BY A LOCAL RULE OR ORDER OF THE COURT. IN MOST CASES YOU
23
MUST GIVE AT LEAST 31 CALENDAR DAYS NOTICE OF THIS MOTION UNLESS A
24

25 DIFFERENT TIME IS SPECIFIED BY A LOCAL RULE OR ORDER OF THE COURT.

26 Dated:______________ _____________________________________________
ANY ATTORNEY OR PARTY
27

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 1 TABLE OF CONTENTS
Page
2
I. STATEMENT OF FACTS......X
3
II. ARGUMENT...X
4
A. SUMMARY JUDGMENT IS PROPERLY GRANTED WHERE THERE IS NO
5
GENUINE DISPUTE AS TO ANY MATERIAL FACT AND THE MOVANT IS
6
ENTITLED TO JUDGMENT AS A MATTER OF LAW ....X
7
B. IT IS WELL ESTABLISHED THAT ONCE THE MOVING PARTY HAS MET ITS
8
BURDEN THE OPPOSING PARTY MAY NOT REST UPON MERE DENIALS
9
BUT MUST SET FORTH SPECIFIC FACTS SHOWING A GENUINE ISSUE OF
10
MATERIAL FACT FOR TRIAL....X
11
C. AN ISSUE OF FACT IS NOT ENOUGH TO DEFEAT SUMMARY JUDGMENT AS
12
THERE MUST BE A GENUINE ISSUE OF MATERIAL FACT, A DISPUTE
13
CAPABLE OF AFFECTING THE OUTCOME OF THE CASE......X
14
III. CONCLUSION...X
15

16
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19

20 for-summary-judgment-by-defendant-in-united-states-
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bankruptcy-court
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