This form is a sample plaintiff's motion for partial summary judgment on the issue of liability in personal injury case involving an automobile accident.
Arizona Plaintiff's Motion for Partial Summary Judgment - Personal Injury
State:
Multi-State
Control #:
US-PI-0271
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Word;
Rich Text
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How to fill out Plaintiff's Motion For Partial Summary Judgment - Personal Injury?
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FAQ
Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.
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.
What Is a Partial Summary Judgement? In some cases, the court may grant a motion for partial summary judgment. The purpose of partial summary judgment is to simplify a trial by ruling on some claims, but not all. For example, the court might rule on some factual issues but leave others for trial.
Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.
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.
Rule 56(c): A party may request a hearing on a summary judgment motion, but the court need not set a hearing if the court determines that the motion should be denied, or if the motion is uncontested. This section keeps the response/reply times of 30/15 days after service, respectively.
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.
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.