This form requests that the court issue a partial summary judgment in favor of the plaintiff regarding the issue of liability in a personal injury case involving an automobile accident.
Connecticut Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0052
Format:
Word;
Rich Text
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How to fill out Motion For Partial Summary Judgment On The Issue Of Liability?
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FAQ
If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.
When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied. Thus, denials of summary judgment up the ante in the litigation game.
In some instances, the evidence presented in a claim is enough to allow for summary judgment. In a prima facie case, the facts established are sufficient enough to prove that the defendant's actions support the plaintiff's claims of injury.
Initial burden: The movant would bear the burden of persuasion at trial, and also bears the initial burden of production in summary judgment. The movant must show that a reasonable fact-finder must find it its favor.
Although the law is clear that only admissible evidence may be considered on summary judgment, that does not mean that the material must be presented in a form that would be admissible at trial. Affidavits and declarations are the classic examples.
Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.
A Motion for Summary Judgment says that there are no facts in dispute in a case, and that based upon the law that applies to those facts, the lawsuit or legal issue should be concluded without trial.
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.