Learn how you can change a judgement or order without a hearing, if both people in the case agree. Summary judgment motions are a useful tool in any litigant's arsenal.However, too often, they are used improvidently or are laden with technical defects. Use this Statement of Material Facts template when drafting a summary judgment motion in a Massachusetts Superior Court civil lawsuit. Complete for ANY non-employee payee receiving payments: Non-Employee Claimant (not a current or former employee). Judgment is to be entered for the defendant when a plaintiff is unable to proceed to trial and there is no good cause basis for a continuance.