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District of Columbia Motion for Summary Judgment by Plaintiff for Breach of Contract

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US-01922BG
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Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.


This form is a generic motion for summary judgment. 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.

In the legal context, a motion for summary judgment is a powerful tool that can effectively resolve a breach of contract case in the District of Columbia. When a plaintiff believes that there are no genuine disputes of material fact and wants to prevail in a breach of contract claim quickly, they can file a District of Columbia Motion for Summary Judgment. A Motion for Summary Judgment by a plaintiff is a formal request made to the court, asking for a judgment in their favor without proceeding to a full trial. This motion is typically supported by evidence that demonstrates no genuine disputes exist regarding the essential elements of the breach of contract claim. Through persuasive legal arguments and presenting strong supporting documentation, the plaintiff seeks to convince the court that the case can be decided in their favor as a matter of law. Within the realm of breach of contract cases in the District of Columbia, there can be various types of motions for summary judgment that a plaintiff may pursue, depending on the circumstances of the contract and the alleged breach: 1. Strict Performance Motion for Summary Judgment: In cases where the contract explicitly stipulates that strict performance is required, the plaintiff may file this motion, arguing that they have fully met all the terms and conditions of the contract while the breaching party failed to do so. 2. Material Breach Motion for Summary Judgment: If the plaintiff can provide compelling evidence that the defendant breached a material term of the contract, they can file this motion, asserting that the breach is so significant that it justifies granting judgment in their favor. 3. Anticipatory Breach Motion for Summary Judgment: When it is evident that the defendant has unequivocally demonstrated an intention to not fulfill their contractual obligations in the future, the plaintiff can file this motion. The plaintiff will need to present evidence that makes it clear that the defendant's actions indicate a deliberate refusal to perform as required by the contract. 4. Unambiguous Contract Terms Motion for Summary Judgment: In cases where the contract language is clear and unambiguous, the plaintiff can file this motion, contending that no factual disputes exist about the contract's terms and their subsequent breach. The plaintiff must show that the contract language is so straightforward that it leaves no reasonable room for interpretation. In summary, a District of Columbia Motion for Summary Judgment by a plaintiff for breach of contract is a legal tool employed to seek a judgment in the plaintiff's favor without going through a full trial. Different types of motions for summary judgment can be pursued based on the circumstances of the contract and the alleged breach, such as strict performance, material breach, anticipatory breach, and unambiguous contract terms.

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How to fill out District Of Columbia Motion For Summary Judgment By Plaintiff For Breach Of Contract?

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There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)

Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any ...

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.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

Rule 12-I(a) provides that a moving party must seek consent of other affected parties prior to the filing of a motion, except with respect to Rule 11 motions for imposition of sanctions. In these instances, a good faith effort to resolve the disputed issues is required.

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.

(b) For Defending Party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.

(A) A defendant must serve an answer within 21 days after being served with the summons and complaint. (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.

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Reply in Support of Plaintiff's Motion for Summary Judgment on Liability and Defendant filed. Defendant's Reply in Support of [Defendant's] Motion to Dismiss. by I Judicial — Under Rule 56(a) and (b), both the moving party and the party op- posing summary judgment may file their motions "with or without supporting affidavits." This ...31-Jan-2003 — 56, hereby move for partial summary judgment in their favor and against Plaintiffs, with regard to the effect of the statute of limitations or ... A motion for summary judgment is appropriate when the pleadings, the discovery and disclosure materials on file, and any affidavits show that “there is no ... For this reason, the court grants the defendant's motion for summary judgment as to the plaintiff's claim of defamation/libel. Case 1:03-cv-02156-RMU ... The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a ... 31-Mar-2022 — Plaintiff responded with an opposition and her own motion for summary judgment. ... The court treats the breach-of-contract claim as Plaintiff ... Bell Atlantic argues that it is entitled to summary judgment on its breach of contract ... (1) that the Plaintiffs Motion for Summary Judgment is GRANTED as to ... 26-Oct-2018 — The Court states that a motion for summary judgment “may not be avoided merely by demonstrating a disputed factual issue,” rather, the “opposing ... by J DAY · Cited by 1 — PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Plaintiff Merck & Co., Inc., respectfully moves the Court, pursuant to Rule 56 of the Federal Rules ...

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District of Columbia Motion for Summary Judgment by Plaintiff for Breach of Contract