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.
A Delaware Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal document filed by the party who initiated the lawsuit (the plaintiff) in a breach of contract case in the state of Delaware. This motion seeks a judgment in favor of the plaintiff without going to trial, arguing that there are no genuine issues of material fact and the plaintiff is entitled to a judgment as a matter of law. In Delaware, there are different types of motions for summary judgment that a plaintiff can file in breach of contract cases, including: 1. Traditional Motion for Summary Judgment: This is the most common type of motion where the plaintiff asks the court to rule in their favor based on the evidence presented and the application of Delaware contract laws. It argues that the defendant clearly breached the terms of the contract, and there are no disputed facts that require a trial. 2. Summary Judgment on Liability: In this type of motion, the plaintiff seeks a judgment that the defendant is liable for breach of contract, but leaves the determination of damages to be decided at trial. The motion focuses on establishing that all elements necessary to prove breach of contract have been met, leaving the question of damages for further proceedings. 3. Summary Judgment on Damages: This motion seeks a judgment in favor of the plaintiff on the issue of damages without determining liability. The plaintiff argues that the defendant's breach of contract caused measurable harm, and there are no material facts in dispute regarding the calculation of damages. 4. Partial Summary Judgment: This motion is filed when the breach of contract claim involves multiple issues, and the plaintiff seeks to obtain a judgment on one or more specific issues before proceeding to trial. This allows for the partial resolution of the case and may simplify the remaining legal matters. Keywords: Delaware, Motion for Summary Judgment, Plaintiff, Breach of Contract, legal document, lawsuit, genuine issues of material fact, judgment as a matter of law, traditional motion, liability, damages, partial summary judgment, Delaware contract laws.
