This form is a sample order denying plaintiff's request for summary judgment in plaintiff's favor on the issue of liability in a personal injury case involving an automobile accident.
Arkansas Order Denying Plaintiff's Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0054
Format:
Word;
Rich Text
Instant download
Description
How to fill out Order Denying Plaintiff's Motion For Partial Summary Judgment On The Issue Of Liability?
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FAQ
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. The court should state on the record the reasons for granting or denying the motion.
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.
If the Court grants the full motion, the moving party obtains an appealable final judgment. On the other hand, if the judge grants summary judgment on only some claims, the order is not an appealable final judgment because some remaining claims/defenses in the case must be resolved.
Where the court finds that there is a genuine dispute as to material facts, the summary judgment motion will be denied because the evidentiary conflict must be resolved in a trial.
The main disadvantage of summary judgment is that a Defendant need only create a smokescreen in order to successfully avoid summary judgment. The court will not analyse the issues in any great detail and so an application will only be successful if a case is overwhelmingly in your favour.
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
The outcome of a summary judgment application will be one of: Judgment in favour of the applicant. Striking out or dismissal of the claim.
Summary Judgment in Practice as a Defense Tactic The defense motion for summary judgment can take many forms. For example, in a medical malpractice lawsuit, the defense may file for summary judgment on the question of liability, arguing that no reasonable jury could find the defendant was negligent.
