Sample Motion For Summary Judgment

State:
Multi-State
Control #:
US-01071BG
Format:
Word; 
Rich Text
Instant download

Description

The Sample Motion for Summary Judgment is a legal document designed to request the court's ruling in favor of one party based on undisputed facts in a case. This motion allows attorneys to present their arguments succinctly and can preempt the need for a trial if the evidence is compelling. Users must fill in essential details such as the case title, cause number, and specific grounds for the summary judgment. It is crucial for users to substantiate their motion with affidavits and relevant case law, making it a vital tool for attorneys and legal staff. The form is particularly useful for attorneys, partners, and associates aiming to streamline litigation processes, saving time and resources. Paralegals and legal assistants can benefit by using the template to manage documentation effectively and ensure compliance with court procedures. Clear understanding of filing requirements and proper service to opposing parties are essential instructions for successful use of this form.
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  • Preview Generic Motion for Continuance and Notice of Motion
  • Preview Generic Motion for Continuance and Notice of Motion
  • Preview Generic Motion for Continuance and Notice of Motion
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FAQ

The introductory paragraph should begin, "Defendant John Smith respectfully moves for summary judgment. As reasons for this motion?." Then list your arguments, as in the motion itself. Some practitioners state that you should not repeat language word for word, but I disagree.

Apply each legal argument to the facts stated in the undisputed facts section, and explain why under the law and the facts summary judgment should be granted. In one paragraph, reiterate why summary judgment should be granted on each count of the complaint.

Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.

Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.

Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.

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Sample Motion For Summary Judgment