Summary Judgment Motion
(CT)

Summary

This template is a motion for summary judgment in a civil action in Connecticut superior court. It includes practical guidance and drafting notes. Summary judgment under Conn. Practice Book § 17-44 et seq. is a procedure by which the court may finally resolve an entire case or some of the claims or defenses in the case before trial. Full summary judgment results in a final judgment in favor of the moving party. A partial summary judgment results in resolution of some of some claims and defenses so that trial can focus on the issues truly requiring adjudication at trial. A summary judgment motion may be brought by either the plaintiff or the defendant. See Conn. Practice Book § 17-44. To be successful, the moving party must establish that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Conn. Practice Book § 17-49; see Maltas v. Maltas, 298 Conn. 354, 371, 2 A.3d 902 (2010). A party may move for summary judgment as to any claim or defense as a matter of right at any time if no scheduling order exists and the case has not been assigned for trial. If a scheduling order has been entered, the motion may be made as a matter of right at any time before the deadline set forth in the scheduling order. If no scheduling order exists but the case has been assigned for trial, a party must move for court permission to file a summary judgment motion. Conn. Practice Book § 17-44. Typically, motions for summary judgment are brought after the parties have had an opportunity to develop the factual record through discovery. Like other pretrial motions, a summary judgment motion must be made in writing. See Conn. Practice Book § 11-1(a). The motion must also comply with the general requirements for documents filed in court, including requirements that the document: • Be signed by the moving party's attorney of record • Contain a heading (i.e., caption) containing name of the case, the docket number, and a title describing the nature of the document –and– • Include a page number on each page except the first page. See Conn. Practice Book §§ 4-1, 4-2(a), 7-6, 11-1(c); Formatting Rules in Court Checklist (CT). A motion for summary judgment must be accompanied by a memorandum of law "briefly outlining" your legal argument and supporting authority. See Conn. Practice Book § 11-10(a)(5). The memorandum or brief may not exceed 35 pages in length unless the court directs a longer or shorter page limit. The text of the brief must be double-spaced, and the type font must be at least 12 point. Conn. Practice Book § 4-6(a). For a template illustrating the structure and format of a supporting memorandum, see Memorandum of Law (CT). The moving party must also provide the court with admissible evidence that "not only tends to prove the material facts upon which his right to judgment depends, but eliminates any genuine issue as to the existence of such material facts." Teodoro v. City of Bristol, 184 Conn. App. 363, 372, 195 A.3d 1, 7 (2018). A motion for summary judgment must therefore be supported by "appropriate documents." Under the Practice Book, appropriate documents supporting a summary judgment motion include but are not limited to: • Affidavits • Certified transcripts of testimony under oath • Disclosures • Written admissions –and– • Other supporting documents Conn. Practice Book § 17-45(a). You must serve a copy of the motion and accompanying documents on every other party who has appeared in the action. If the party to be served is represented by an attorney, you must serve his or her attorney. Otherwise, you must serve the party directly. Conn. Practice Book § 10-12(a); see Conn. Practice Book § 11-1(c). Check the appearances on file to determine whether parties have indicated their willingness to accept service documents electronically. If they have, you may email the filing to opposing counsel. If not, you must mail (or hand deliver) copies of the documents to each party at the address they have designated in their appearance. See Conn. Practice Book § 10-13. For more on service procedures, see Serving Documents Checklist (CT). You must also file the motion and accompanying documents with the court. See Conn. Practice Book § 4-3. Attorneys must file summary judgment motions electronically through the state's e-filing system, unless they have obtained an exemption from e-filing. Self-represented parties may e-file, but are not required to do so. See E-Services Procedures and Technical Standards, § III(B). For discussion of e-filing procedures, see E-filing in State Court (CT). For further discussion of motions for summary judgment, see Summary Judgment Fundamentals (CT) and Summary Judgment: Making the Motion (CT).