Fayard v. State Farm and National Flood Insurance Program is a sample summary judgment provided by LexisNexis, while JD Supra, LLC offers a sample summary judgment for Sigel v. Flatley. Sometimes a judge may post samples of summary judgments, along with other document samples, on the court website, as Judge Marcia S. Krieger did on The United States District Court, District of Colorado website.
A summary judgment is a way to ask the court for a verdict without a trial, explains FindLaw. This type of judgment is only appropriate if there are no important facts disputed in the case. An attorney writes the motion for summary judgment that contains three parts. The first part states all of the facts of case and contains supporting documentation verifying these facts, while the second part states the laws applicable to the case. The third part tries to anticipate the arguments of the opposing counsel and tries to persuade the judge that even if these are valid arguments, the opposing counsel would still lose.
The opposing counsel replies with his own response to the summary judgment, notes FindLaw. The judge reads the motion for a summary judgment and either approves or denies the motion.
When writing a summary judgment, lawyers should investigate local laws and each judge's stance on these motions, notes Lerch, Early and Brewer. Some judges do not accept a motion for a summary judgment in some types of trials, and some jurisdictions may restrict summary judgments by law.