What are the required items to support a pre-answer motion for summary judgment?

• A. Summons; Notice for motion; Supporting documents; Return day as answer
• B. Only complaint
• C. No notice required
• D. A jury demand

Answer: (A)

When you file a pre-answer motion for summary judgment, you must present a complete set of papers that shows the case can be decided without trial. The key items are the ones that establish the action exists, notify the other side, provide evidence that there are no genuine material facts in dispute, and set when the motion will be heard.

The summons is included to show that the case has been properly started and served, proving the court’s jurisdiction over the parties. A notice of motion is required to inform all parties that a motion is being made and to trigger the timeline for responding. The supporting documents—typically affidavits or sworn statements, exhibits, and a memorandum of law—provide the factual and legal basis for the claim that there is no triable issue and that judgment should be granted as a matter of law. The return date on the notice of motion fixes the hearing date, which is essential because the motion must be decided before any answer is filed.

Other options fall short because they omit one or more of these essential pieces, or address matters not directly related to the pre-answer summary judgment process, such as a jury demand, which pertains to trial procedures rather than the motion for summary judgment.