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.
Florida 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
Summary Judgment in Practice as a Defense Tactic The defense motion for summary judgment can take many forms. For example, in a medical malpractice lawsuit, the defense may file for summary judgment on the question of liability, arguing that no reasonable jury could find the defendant was negligent.
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.
PARTIAL FINAL JUDGMENT Rule 9.110(k) of the Florida Rules of Appellate Procedure provides: Except as otherwise provided herein, partial final judgments are reviewable either on appeal from the partial final judgment or on appeal from the final judgment in the entire case.
In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.
While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.
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.
Under the new rule, pursuant to Rule 1.150(b), Florida Rules of Civil Procedure, a motion for summary judgment must be served at least 40 days before a hearing on the motion and a response must be served 20 days before a hearing on the motion.
From a tactical perspective, there are two basic types of summary-judgment motions. One requires a full evidentiary presentation, and the other requires only a more limited, targeted one.