Az Motion Court For Summary Judgment

State:
Arizona
Control #:
AZ-CV-6-AI
Format:
Word; 
Rich Text
Instant download

Description

Motion for Dismissal: This is a motion which asks the court to dismiss a particular cause of action. The document must include the reasoning behind wanting the dismissal, as well be signed in front of a Notary Public. Also included, is a sample Order Granting Dismissal. This would be signed by the Judge and filed with the clerk's office. This form is available in both Word and Rich Text formats.

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FAQ

Rule 56 of the Arizona Rules of Civil Procedure contains the court rule and the mechanics for filing a motion for summary judgment. The superior court shall grant summary judgment when ?there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.? Ariz.

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.

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.

(2) Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.

Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.

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Az Motion Court For Summary Judgment