Which documents accompany a motion for summary judgment?

Which documents accompany a motion for summary judgment?

• A. The motion and a trial transcript
• B. The motion, a memorandum of law in support of the motion, a proposed order, and a certificate of service
• C. The motion, a memorandum of law in support, and a proposed jury instruction
• D. The motion, a memorandum of law in opposition to the motion, a proposed order, and a certificate of service

Answer: (B)

When you move for summary judgment, you present materials that let the court decide the issue without a trial. The required package typically includes the motion itself, a memorandum of law in support—laying out the legal standards and authorities and showing why there are no genuine disputes of material fact—and a proposed order for the judge to sign if the motion wins. A certificate of service is also included to prove the papers were properly served on the opposing party. The other options don’t fit because a trial transcript is not part of the standard summary-judgment package, since no trial has occurred yet. A proposed jury instruction is a trial-related item, not something used in deciding a motion for summary judgment. And an opposition memorandum is filed by the non-moving party to resist the motion, not by the moving party who is seeking the summary judgment.

When you move for summary judgment, you present materials that let the court decide the issue without a trial. The required package typically includes the motion itself, a memorandum of law in support—laying out the legal standards and authorities and showing why there are no genuine disputes of material fact—and a proposed order for the judge to sign if the motion wins. A certificate of service is also included to prove the papers were properly served on the opposing party.

The other options don’t fit because a trial transcript is not part of the standard summary-judgment package, since no trial has occurred yet. A proposed jury instruction is a trial-related item, not something used in deciding a motion for summary judgment. And an opposition memorandum is filed by the non-moving party to resist the motion, not by the moving party who is seeking the summary judgment.