Sample Motion For Summary Judgment California

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

Description

The Sample Motion for Summary Judgment California is a structured legal document used by attorneys to request that a court rule in their favor without a full trial. This form is essential for effectively presenting the basis of the case, including relevant grounds for summary judgment. It includes sections where the attorney can specify the cause of action, the parties involved, and provide arguments and evidence to support their position. By filling out this form correctly, attorneys can save time and resources in the litigation process. The form is designed for ease of use, offering clear instructions for completion and submission. Target users include attorneys, partners, owners, associates, paralegals, and legal assistants, all of whom can benefit from its streamlined approach to legal motions. The form can be edited to cater to specific cases, allowing for customization based on individual facts and legal strategies. It serves multiple use cases, such as making strategic decisions in civil litigation or expediting court proceedings. Additionally, this motion assists in maintaining a professional approach in legal communications, crucial for successful legal practice.
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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
  • Preview Generic Motion for Continuance and Notice of Motion

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FAQ

If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.

A defendant filing a motion for summary judgment must meet their burden of showing that a cause of action has no merit by showing that one or more elements of a cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action.

A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.

The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion. If the papers are personally given to the opposing side it is called personal service.

Notice of a summary judgment motion, as well as the papers in support of the motion, must be filed with the court and served on all parties at least 75 calendar days before the scheduled hearing date of the motion. All papers opposing a motion must be served and filed not less than 14 days before the hearing date.

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Sample Motion For Summary Judgment California