Motion Stay Sample For Summary Judgment

State:
Multi-State
Control #:
US-01064BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion Stay Sample for Summary Judgment is a formal legal document used in court proceedings when a defendant seeks to pause the enforcement of a court order while an appeal is underway. This form outlines the necessity for a stay, citing potential serious legal questions and possible irreparable harm to the defendant. It also serves as a request for an extension of compliance deadlines in case the stay is denied. The document includes a notice of the motion hearing, indicating the date and location where the motion will be presented. Additionally, a certificate of service confirms that all relevant parties have been notified. This form is crucial for attorneys, partners, owners, associates, paralegals, and legal assistants involved in litigation, as it provides a clear procedure that ensures the defendant's rights are preserved during the appeals process. Users must fill in specific details, such as dates and names, and follow procedural rules to ensure that the motion is properly filed and served. Their clarity, brevity, and structured format make it accessible for legal professionals at various experience levels.
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  • Preview Motion For Stay Pending Appeal and Notice of Motion
  • Preview Motion For Stay Pending Appeal and Notice of Motion
  • Preview Motion For Stay Pending Appeal and Notice of Motion

How to fill out Motion For Stay Pending Appeal And Notice Of Motion?

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FAQ

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.

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.

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.

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.

The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

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Motion Stay Sample For Summary Judgment