This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
Arizona Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
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How to fill out Motion For Summary Judgment On Behalf Of Defendant?
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FAQ
(a) Motion for Summary Judgment or Partial Summary Judgment. The court must grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.
If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court: (1) may order the plaintiff to pay all or part of the costs of that previous action; and (2) may stay the proceedings until the plaintiff has complied.
No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
Such a motion under Rule 60(b) does not affect the finality of the judgment, but a motion under Rule 59, made within 10 days, does affect finality and the running of the time for appeal.
For example, Rule 59 discusses a motion to alter or amend a judgment. Rule 60 deals with relief from judgment and Rule 50 of the Arizona Rules of Civil Procedure states: Rule 50. Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings.
56(d), the nonmoving party can submit an affidavit that asks for additional time for discovery, which will permit the court to either (1) defer considering the motion for summary judgment (or deny it all together); (2) allow more time for the nonmoving party to obtain additional discovery; or (3) issue any other order ...
Rule 41 - Motion to Dismiss (a) Request for Dismissal. A plaintiff may request the dismissal of a protective order at any time during the term of the order. (b) Verification of Identity. When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity.
Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.
A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.
Rule 40 - Trial Procedures (a) Scope. This rule governs jury trials and, to the extent applicable, trials to the court. (b) Objectives. The court should adopt trial procedures as necessary or appropriate to facilitate a just, speedy, and efficient resolution of the action.
