This form is a generic motion for partial summary judgment on the issue of liability. 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.
The Colorado General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages is a legal document filed by a plaintiff in a civil lawsuit. It is used to request the court to grant a summary judgment on the issue of liability, meaning the plaintiff seeks a ruling from the court that the defendant is liable for the claims asserted against them. This motion is typically filed when the plaintiff believes there are no genuine issues of material fact regarding the defendant's liability, and that the court can make a legal determination based on the undisputed facts of the case. By filing this motion, the plaintiff is aiming to avoid a full trial on the issue of liability, which can save time and resources. The General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages consists of several sections and relevant keywords include: 1. Caption: The document starts with the case caption, which includes the names of the plaintiff and defendant, the court's name, and the case number. 2. Heading: This section includes the title "General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion" to identify the nature of the motion. 3. Introduction: The plaintiff provides a brief introduction explaining the purpose of the motion, highlighting that they seek a summary judgment on the issue of liability. 4. Statement of Facts: The plaintiff presents a concise summary of the relevant facts of the case, emphasizing those that support their claim of liability. 5. Legal Standards: This portion outlines the legal standards applicable to summary judgment motions and liability determinations. It may include references to specific statutes, case law, or legal doctrines. 6. Argument: The plaintiff presents the reasoning and legal arguments supporting their motion for summary judgment on the issue of liability. They may cite legal authorities, precedents, and relevant case law to strengthen their position. 7. Conclusion: The plaintiff concludes the motion, summarizing the relief sought and urging the court to grant a summary judgment on the issue of liability. 8. Notice of Motion: This section notifies the defendant and the court of the plaintiff's intention to file the motion for summary judgment on the issue of liability. 9. Request for Separate Trial on Issue of Damages: If the plaintiff believes that there are disputed facts or complexities regarding the determination of damages, they may request a separate trial exclusively focused on this issue. It's important to note that while this description outlines the general structure and content, there may be variations or additional sections depending on specific circumstances or court requirements.
