Summary Judgment Motion
(WA)

Summary

This template is a motion for summary judgment in a civil action in Washington superior court. It includes practical guidance, drafting notes, and alternate paragraphs. Summary judgment under Wash. CR 56 is a procedure by which the court may finally resolve an entire case or some of the issues 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 the resolution of some of the issues in the case 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 Wash. CR 56(a), (b). 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. Wash. CR 56(c); Hisle v. Todd Pac. Shipyards, 151 Wn.2d 853, 861, 93 P.3d 108 (2004); Davis v. W. One Auto. Grp., 140 Wn. App. 449, 456, 166 P.3d 807 (2007); see Summary Judgment Fundamentals (WA). A motion for summary judgment must comply with general statewide requirements for motions as well as any format requirements set forth in applicable local rules. For discussion, see Motion Practice Fundamentals (WA). See also Formatting Rules in Court Checklist (WA) and Motion Practice Local Rules Guide (Statewide) (WA). In addition to the general rules governing motions, local rules in some counties include specific format requirements for summary judgment motions. See Summary Judgment Local Rules Guide (Statewide) (WA). For example, local rules in a few counties limit the number of pages or words for all motions or for summary judgment motions specifically or may limit the length of supporting documents. See, e.g., Wash. Grant Super. Ct. LCR 7(d)(iv); (declarations and affidavits submitted in support of motion may not exceed a total of 20 pages); Wash. King Super. Ct. LCR 56(c)(3) (summary judgment moving party memorandum may not exceed 8,400 words); Wash. Pierce Super. Ct. LR 7(a)(8) (summary judgment moving party memorandum may not exceed 24 pages); Wash. Whatcom Super. Ct. CR 10.3 (each individual document in support of motion limited to 15 pages). In addition, local rules in some counties require that each document supporting a summary judgment be identified with specificity and may require that the motion cite specifically to page and line number of larger documents like deposition transcripts and interrogatory responses. See, e.g., Wash. Benton, Franklin Super. Ct. LCR 56(c)(3); Wash. Douglas Super. Ct. LR 56(j); see also Wash. Pierce Super. Ct. LR 7(a)(11)(B) (deposition testimony submitted in support of or opposition to summary judgment motion must be set forth in affidavit containing excerpts of testimony relied on, with citation to page and line number in the full document). Be sure to check local rules for any such requirements. This template follows the structure for motions specified for use by the superior courts in King County and a few other counties. See Wash. King Super. Ct. LCR 7(b)(5)(B)(i)–(v); see also Wash. San Juan Super. Ct. LCR 7(b)(1); Wash. Snohomish Super. Ct. LCR 7(b)(2)(D). This format generally is acceptable in most or all counties. It combines the motion with the supporting brief/memorandum of points and authorities in one document. Other counties permit the motion and supporting brief to be in separate documents. This template illustrates the general format and structure of a motion for summary judgment. The actual legal argument in support of the motion will, of course, depend on the specific allegations contained in the pleadings and facts of the case. You should insert appropriate substantive legal argument and authority in the template to support your argument that there is no genuine issue of material fact as to some or all of the claims alleged in the action and that your client is entitled to judgment as a matter of law. The motion should be accompanied by supporting declarations, deposition testimony, discovery responses, and other evidence supporting the motion. See Wash. CR 56(c), (e). The statement of facts and legal argument in the motion should cite specifically to the supporting evidence. The summary judgment motion should be filed with the court and served on the opposing party's attorney (or the opposing party, if unrepresented) following the general procedures for service and filing. See Wash. CR 5. For discussion, see Filing and Serving Documents Other Than Initial Complaint and Summons (WA). A summary judgment motion must be served and filed at least 28 calendar days before the hearing on the motion. Wash. CR 56(c). A plaintiff (or claimant on a crossclaim, counterclaim, or third-party claim) may not file a motion for summary judgment until after the expiration of the period within which the defendant is required to appear or until after service of a motion for summary judgment by an adverse party. Wash. CR 56(a). The hearing on a summary judgment motion must be held "more than 14" (i.e., at least 15) calendar days before the date set for trial, unless the court permits a later hearing. Wash. CR 56(c). In addition, a case scheduling order issued under a local rule or at a case management conference may potentially specify an earlier cut-off date for summary judgment motions and/or hearings. For further discussion of the required format and contents for the motion and supporting evidence, as well as timing and notice requirements, see Summary Judgment: Making the Motion (WA).