Statement of Material Facts
(Summary Judgment) (MA)

Summary

Use this Statement of Material Facts template when drafting a summary judgment motion in a Massachusetts Superior Court civil lawsuit. 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 the motion. This template contains practical guidance and drafting notes. The parties jointly submit the Statement of Material Facts, and support it as necessary with evidence attached in a Joint Appendix. Statements of Material Facts tend not to be too fulsome because they include only facts the parties agree are not disputed. Pursuant to Massachusetts Superior Court Rule 9A(b)(5)(i): “The Statement of Facts as served shall not exceed 20 pages in length and shall not include: . . . “(b) Quotations from any contract, trust, agreement, or other transactional document, or any characterizations of the document (except if admissible through percipient witnesses). The Statement of Facts may only establish the existence and authenticity of the document and the date it became effective. “(c) Quotations from any statute, regulation or rule.” If you need to reference pertinent portions of a contract, insurance policy, or other document at issue in your case, you must do so in an addendum to your memorandum of law. Mass. Super. Ct. R. 9A(b)(5)(i). For more information on moving for summary judgment, see Summary Judgment: Making the Motion (MA) and Summary Judgment Checklist (MA). For information on opposing a summary judgment motion, see Summary Judgment: Opposing the Motion (MA) and Summary Judgment: Opposing the Motion Checklist (MA). For more information on filing and serving a motion for summary judgment and related papers, see Filing and Serving Documents Other Than Initial Complaint and Summons (MA) and Filing and Serving Documents Other Than Initial Complaint and Summons Checklist (MA).