Sample Motion For Judgment On The Pleadings California In Bronx

State:
Multi-State
County:
Bronx
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

The Sample Motion for Judgment on the Pleadings California in Bronx is a legal document used to request a court judgment based solely on the pleadings filed by the parties involved, bypassing the need for trial. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in civil litigation in California and specifically the Bronx, as it streamlines the process when there are no material facts in dispute. Key features include the requirement to clearly assert that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. Filling and editing instructions emphasize the importance of customizing the form with accurate case details and supporting documentation. The form can be utilized in various contexts, such as collection cases, contract disputes, or any matter where a quick resolution is beneficial. Legal professionals are advised to ensure compliance with local court rules and procedures when submitting the motion. Additionally, attention to formatting and clarity in the motion will improve the chances of success.

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FAQ

An action shall be brought to trial within five years after the action is commenced against the defendant.

(f) Motion in limine Notwithstanding (a), a motion in limine filed before or during trial need not be accompanied by a notice of hearing. The timing and place of the filing and service of the motion are at the discretion of the trial judge.

However, there is no “lazy judge” for Federal judges. In Indiana, judges must issue a ruling within 30 days of the completion of a hearing. In California, it's 90 days.

New Rules (Effective January 1, 2025) and codified in CCP § 473c(a): Motion for summary judgment or summary adjudication: 81 days before the hearing. Opposition to the motion: 20 days before the hearing. Reply to the opposition: 11 days before the hearing.

PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS A motion for judgment on the pleadings, like a general demurrer, challenges the sufficiency of the plaintiff's cause of action and raises the legal issue, regardless of the existence of triable issues of fact, of whether the complaint states a cause of action.

Section 439 - Meeting before filing motion for judgment (a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion for judgment on the ...

In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages.

New Rules (Effective January 1, 2025) and codified in CCP § 473c(a): Motion for summary judgment or summary adjudication: 81 days before the hearing. Opposition to the motion: 20 days before the hearing. Reply to the opposition: 11 days before the hearing.

What You Need in Your Motion for Summary Judgement Title and Introduction. Clearly state the document's purpose and include the case caption. Statement of Facts. Provide a clear, detailed statement of the undisputed facts. Standard of Review. Explain the legal standard for granting summary judgment. Argument. Conclusion.

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Sample Motion For Judgment On The Pleadings California In Bronx