Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.
This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Arkansas Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal document filed by the plaintiff in a breach of contract case seeking a judgment in their favor without going to trial. This motion is based on the argument that there are no genuine issues of material fact in dispute and that the plaintiff is entitled to judgment as a matter of law. One type of Arkansas Motion for Summary Judgment by Plaintiff for Breach of Contract is a Standard Motion for Summary Judgment. In this type, the plaintiff asserts that there are no disputed facts in the case and that they are entitled to judgment in their favor based on the terms of the contract and its breach by the defendant. Another type of Arkansas Motion for Summary Judgment by Plaintiff for Breach of Contract is a Motion for Summary Judgment on Liability. In this type, the plaintiff focuses on proving that the defendant has breached the contract, leaving the issue of damages to be determined at a later stage of the case. In addition, there could be a Motion for Partial Summary Judgment by Plaintiff for Breach of Contract. This type of motion seeks judgment only on certain aspects of the breach of contract claim. For example, the plaintiff may seek summary judgment on liability while leaving the determination of damages for trial. To support their Motion for Summary Judgment, the plaintiff presents evidence such as the contract itself, any relevant correspondence, witness statements, expert opinions, and other relevant documents. The motion is typically accompanied by a legal memorandum outlining the legal basis for the plaintiff's claim and arguing why summary judgment is appropriate in the case. Keywords: Arkansas, motion for summary judgment, plaintiff, breach of contract, genuine issues of material fact, judgment as a matter of law, standard motion for summary judgment, motion for summary judgment on liability, motion for partial summary judgment, contract terms, damages, evidence, legal memorandum.
