Summary Judgment Motion
(Statement of Material Facts) (NJ)

Use this statement of material facts template when drafting a summary judgment motion in a New Jersey Superior Court civil lawsuit. This template contains practical guidance, drafting notes and an alternate clause. Failing to include a statement of the material facts as to which you contend there are no genuine issues to be tried is grounds for denial of a summary judgment motion. It is where you set forth all of the facts that the court will need to decide the motion, with references to the record supporting each fact. This template assumes that the defendant is moving for summary judgment in a slip-and-fall personal injury case. The defendant asserts that it is entitled to summary judgment as a matter of law where there is no admissible evidence that the defendant caused or had notice of the alleged defect that the plaintiff claims caused the accident. The defendant also asserts that it is entitled to defense and indemnity from the third-party defendant under a contract. If you represent a plaintiff, co-defendant, or other party, or if the tort is not a slip-and-fall, you should revise accordingly. For more information on writing a legal brief in New Jersey, see Formatting Rules in Court (NJ), and Formatting Rules in Court Checklist (NJ). For more information on moving for summary judgment, see Summary Judgment: Making the Motion (NJ) and Summary Judgment Checklist (NJ). For information on opposing a summary judgment motion, see Summary Judgment: Opposing the Motion Checklist (NJ). For more information on the necessary aspects of a motion, see Motion Practice: Making and Opposing a Motion Checklist (NJ). For information on electronic filing, see E-filing in State Court Checklist (NJ).