[DRAFT – KS STATE COURT]

IN THE DISTRICT COURT OF [__] COUNTY, KANSAS

[Civil Department]

[PLAINTIFF NAME],                    )
  Plaintiff,                         )
v.                               ) Case No. [__]
[DEFENDANT NAME],                   )
  Defendant.                        )

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

(“Motion”)
[K.S.A. 60-256; Kan. Sup. Ct. R. 141]

[// GUIDANCE: Insert caption exactly as it appears on all pleadings. Double-check case number, party alignment, and division.]

TABLE OF CONTENTS

1. Notice of Motion and Relief Requested
2. Introduction
3. Procedural Posture
4. Statement of Undisputed Material Facts (“SUMF”)
5. Legal Standard
6. Argument
   6.1 [Ground One]
   6.2 [Ground Two]
   6.3 [Additional Grounds as Needed]
7. Conclusion and Prayer for Relief
8. Request for Oral Argument (Optional)
9. Certification of Compliance with Briefing Limits
10. Certificate of Service
11. Proposed Order

[// GUIDANCE: Delete TOC before filing if local rules prohibit or page limit pressures exist.]

1. NOTICE OF MOTION AND RELIEF REQUESTED

PLEASE TAKE NOTICE that on [Hearing Date] at [Time] or as soon thereafter as counsel may be heard, in Courtroom [__] of the above-captioned Court, Plaintiff [Movant] will and hereby does move, pursuant to K.S.A. 60-256 and Kansas Supreme Court Rule 141, for an order granting summary judgment in its favor on all claims and defenses asserted in this action.

Movant seeks entry of judgment:
a. Declaring [specific rights/obligations];
b. Awarding damages in the amount of $[__]; and
c. Granting such other and further relief as the Court deems just and proper.

2. INTRODUCTION

1. This case is ripe for summary disposition. No genuine issue of material fact exists with respect to [key issue(s)], and Plaintiff is entitled to judgment as a matter of law.
2. The uncontroverted evidence demonstrates that [brief high-level summary of grounds].

3. PROCEDURAL POSTURE

1. Complaint filed: [Date].
2. Answer/Counterclaim filed: [Date].
3. Discovery closed: [Date].
4. Trial currently set: [Date].
5. This Motion is timely under K.S.A. 60-256(b).

4. STATEMENT OF UNDISPUTED MATERIAL FACTS (“SUMF”)

[// GUIDANCE: Kan. Sup. Ct. R. 141 requires each fact in separately numbered paragraphs, each supported by a specific record citation. Cite deposition page/line, interrogatory number, admission, or exhibit.]

1. [Fact 1]. (Ex. A, ¶ __. See also Dep. Smith 12:3-13.)
2. [Fact 2]. (Ex. B at 4; Ex. C, Interrog. No. 5 Response.)
3. …
   n. [Fact n]. (Ex. ___.)

5. LEGAL STANDARD

1. Under K.S.A. 60-256(c), summary judgment shall be rendered if “there is no genuine issue as to any material fact and … the moving party is entitled to judgment as a matter of law.”
2. The Court must view the evidence in the light most favorable to the non-movant; however, a mere scintilla of evidence or unsupported allegations are insufficient to create a genuine issue.
3. Affidavits or declarations supporting this Motion are made on personal knowledge, set out facts admissible in evidence, and show affiant competence, as required by K.S.A. 60-256(c)(4).

6. ARGUMENT

6.1 [Ground One—e.g., Breach of Contract]

1. The contract is valid and enforceable (SUMF ¶¶ 1-3).
2. Defendant breached by [specific act/omission] (SUMF ¶¶ 4-7).
3. Plaintiff performed or was excused from performance (SUMF ¶ 8).
4. No genuine dispute as to damages (SUMF ¶¶ 9-10).
5. Therefore, Plaintiff is entitled to judgment as a matter of law on Count I.

6.2 [Ground Two—e.g., Affirmative Defense Failure]

1. Defendant bears the burden of proof on [named defense].
2. Undisputed facts show essential element [element] absent (SUMF ¶ __).
3. Summary judgment is proper on this defense.

6.3 [Additional Grounds]

[Insert as required.]

7. CONCLUSION AND PRAYER FOR RELIEF

For the foregoing reasons, Plaintiff respectfully requests that the Court:

a. GRANT this Motion;
b. ENTER judgment in favor of Plaintiff and against Defendant as set forth above;
c. AWARD costs as allowed by law; and
d. GRANT all further relief deemed just and proper.

8. REQUEST FOR ORAL ARGUMENT (Optional)

Plaintiff believes oral argument will aid the Court given the complexity of the record and respectfully requests argument pursuant to [Local Rule/Standing Order].

9. CERTIFICATION OF COMPLIANCE WITH BRIEFING LIMITS

[// GUIDANCE: Replace with actual rule citation; many KS districts have no statewide page cap but local rules may.]

I certify that this memorandum contains [__] pages, excluding tables, signature blocks, and certificates, and therefore complies with the [Local Rule] page limitations.

10. CERTIFICATE OF SERVICE

I hereby certify that on [Date], I electronically filed the foregoing using the Court’s e-filing system, which sent notice to all counsel of record, and caused a true and correct copy to be served via [U.S. Mail / personal delivery / email] upon:

[List names, addresses, and methods of service]

/s/ [Attorney Name]
[Attorney Name] (#KS Bar No. __)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Tel: [_] Fax: []
Email: [_____]

Counsel for Plaintiff [or Defendant]

11. PROPOSED ORDER

IN THE DISTRICT COURT OF [__] COUNTY, KANSAS
[Civil Department]

[Plaintiff]                    )
  Plaintiff,                  )
v.                        ) Case No. [__]
[Defendant]                   )
  Defendant.                 )

ORDER GRANTING SUMMARY JUDGMENT

The Court, having reviewed Plaintiff’s Motion for Summary Judgment, the Statement of Undisputed Material Facts, all supporting materials, any opposition thereto, and being duly advised in the premises, hereby FINDS that no genuine issue of material fact exists and that Plaintiff is entitled to judgment as a matter of law.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff’s Motion for Summary Judgment is GRANTED. Judgment is entered in favor of Plaintiff and against Defendant as follows:

1. [Specify relief, e.g., Damages of $____];
2. Costs are taxed to Defendant; and
3. Any remaining claims or defenses are dismissed with prejudice.

IT IS SO ORDERED.

Dated: ______, 20__.

Judge [Full Name]
District Court of [__] County, Kansas

ATTACHMENT INDEX (Exhibits to Motion)

A. Affidavit of [Name] (with attached documents)
B. Deposition Excerpts – [Deponent]
C. Interrogatory Answers – [Party]
D. [Additional Exhibits]

[// GUIDANCE: Label each exhibit consecutively; cite consistently in SUMF.]

ADDITIONAL DRAFTER NOTES & GUIDANCE

[// GUIDANCE: Section for attorney-use only—remove prior to filing]

1. Evidence Requirements
   • Affidavits must strictly follow K.S.A. 60-256(c)(4).
   • Authenticity foundation for documents should be established in accompanying affidavit or stipulation.

2. Rule 141 Compliance
   • File a separately titled “Statement of Uncontroverted Facts” if local practice requires independent document.
   • Ensure pinpoint record citations; avoid references to entire deposition transcripts.

3. Briefing Limits
   • Insert applicable local rule citation and limit. Sedgwick and Johnson Counties, for example, generally follow their own Administrative Orders.

4. Hearing Scheduling
   • Coordinate available hearing dates with division clerk before noticing. Some judges require submission through online calendaring.

5. Oral Argument
   • If waived, delete Section 8.

6. Formatting
   • Confirm font, margin, and signature-block requirements under local administrative orders.

END OF TEMPLATE