This form is a sample memorandum by the plaintiff in support of plaintiff's motion for summary judgment on the issue of liability in a case involving an automobile accident.
Georgia Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0053
Format:
Word;
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How to fill out Memorandum Of Law In Support Of Motion For Partial Summary Judgment On The Issue Of Liability?
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The memorandum generally must include a statement of facts, an introduction of evidence and arguments, a discussion of the relevant case law, statutes, or other secondary materials, a conclusion and signature block.
Rule 616-1-3-. 19 - Motions for Summary Judgment (a) A party may move, based on supporting affidavits or other probative evidence, for summary judgment in its favor on any of the issues being adjudicated on the basis that there is no genuine issue of material fact for trial.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.
Attorneys' Fees. In any action to enforce a claim under this chapter, the prevailing party is entitled to recover a reasonable fee for the services of its attorney including but not limited to trial and appeal and arbitration, in an amount to be determined by the court or the arbitrators, as the case may be.
§ 13-6-11 provides for bad faith damages to plaintiffs for having to resort to litigation, but not to defendants. Vogtle v. Coleman, 259 Ga. 115, 376 S.E.2d 861 (1989).
Code § 13-1-11. If the maker, endorser, or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attorney's fees shall be void and no court shall enforce the agreement.
The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow ...
Damages and Expenses Recoverable - Liquidated Damages Generally. If the parties agree in their contract what the damages for a breach shall be, they are said to be liquidated and, unless the agreement violates some principle of law, the parties are bound thereby.