Louisiana Motion For Summary Judgment

State:
Louisiana
Control #:
LA-5207
Format:
Word; 
Rich Text
Instant download

Description

The Louisiana motion for summary judgment is a formal request for the court to rule in favor of one party based on the argument that there are no material facts in dispute. This form is pivotal for attorneys seeking to expedite court proceedings by avoiding unnecessary trials when the facts are clear and undisputed. The document includes sections to outline the grounds for the motion, present evidence or affidavits supporting the claims, and allow the opposing party an opportunity to respond. Key features include clear labeling for the parties involved, a structured order section, and a certificate of service to confirm delivery to the relevant parties. Legal professionals, including attorneys and paralegals, will find this form invaluable for presenting their arguments efficiently and effectively. It is particularly useful in civil cases where one party believes that a trial can be avoided based on established facts. Filling out the form requires careful attention to detail, ensuring all facts and evidence are precisely stated to support the motion. This motion is specifically crafted for those engaged in the legal process in Louisiana, ensuring compliance with local procedural rules.
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FAQ

(d) The court may allow an attorney to withdraw by ex parte motion if: (1) The attorney has been terminated by the client; or (2) The attorney has secured the written consent of the client and of all parties or their respective counsel; or (3) A limited appearance, as authorized by Rule 1.2(c) of the Rules of ...

The motion for a new trial shall be filed no later than seven days, exclusive of legal holidays, after the clerk has mailed or the sheriff has served the notice of the signing of the judgment notwithstanding the verdict under Article 1913. The motion shall be served pursuant to Articles 1976 and 1314.

After an opportunity for adequate discovery, a motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P. art.

Rule 9.10 - Motions for Summary Judgment (a) A memorandum in support of a motion for summary judgment shall contain: (1) A list of the essential legal elements necessary for the mover to be entitled to judgment; (2) A list of the material facts that the mover contends are not genuinely disputed; and (3) A reference to ...

Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.

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Louisiana Motion For Summary Judgment