This form is a sample memorandum by the plaintiff in support of plaintiff's motion for summary judgment on the issue of liability in a case involving an automobile accident.
Arkansas Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0053
Format:
Word;
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How to fill out Memorandum Of Law In Support Of Motion For Partial Summary Judgment On The Issue Of Liability?
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FAQ
The memorandum generally must include a statement of facts, an introduction of evidence and arguments, a discussion of the relevant case law, statutes, or other secondary materials, a conclusion and signature block.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
Rule 55 - Default (a)When Entitled. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, judgment by default may be entered by the court.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.