Colorado Motion for Summary Judgment on Behalf of Defendant

State:
Multi-State
Control #:
US-PI-0269
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
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FAQ

Rule 11 - Signing of Pleadings (a) Obligations of Parties and Attorneys. Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name.

The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court must not defer ruling on a pretrial motion if the deferral will adversely affect a party's right to appeal.

(c) Motion and Proceedings Thereon. (1) Unless otherwise ordered by the court, any motion for summary judgment shall be filed no later than 91 days (13 weeks) prior to trial.

Rule 12 - Defenses and Objections-when and How Presented-by Pleading or Motion-motion for Judgment on Pleadings (a) When Presented. (1) A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.

(h) Revival of Judgments. A judgment may be revived against any one or more judgment debtors whether they are jointly or severally liable under the judgment. To revive a judgment a motion shall be filed alleging the date of the judgment and the amount thereof which remains unsatisfied.

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.

The clear purpose of Rule 121 is to require the parties to identify and attempt to resolve emerging issues before engaging in motion practice.

The death of a person shall not prejudice the rights of a third person to assert a claim, cross claim, or counterclaim surviving death against the personal representative of the deceased in the time and manner provided by law.

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Colorado Motion for Summary Judgment on Behalf of Defendant