Guam Motion for Summary Judgment by Plaintiff for Breach of Contract

State:
Multi-State
Control #:
US-01922BG
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Word
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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.

Guam Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal procedure in which the plaintiff seeks a judgment in their favor without the need for a full trial. This motion is based on the premise that there are no genuine disputes of material fact and that the plaintiff is entitled to judgment as a matter of law. In Guam, this type of motion is commonly utilized in breach of contract cases. It allows the plaintiff to present evidence and arguments demonstrating that the defendant has indeed breached the terms of the contract and that the plaintiff should be granted a judgment in their favor. Some relevant keywords associated with Guam Motion for Summary Judgment by Plaintiff for Breach of Contract include: 1. Breach of contract: Refers to the violation of one or more terms of a legally binding agreement between parties. 2. Motion for summary judgment: A request made by one party (in this case, the plaintiff) to the court, seeking a judgment without a trial based on the evidence and arguments presented. 3. Plaintiff: The party who initiates a lawsuit by filing a complaint, seeking to enforce their rights or seek damages. 4. Summary judgment: A decision made by the court without a trial, based on the evidence and legal arguments presented, typically when there are no genuine disputes of material fact. 5. Guam: A U.S. territory in the western Pacific Ocean, where this type of motion is applicable. There are no specific types of Guam Motion for Summary Judgment by Plaintiff for Breach of Contract as it is a standard legal procedure used in breach of contract cases in Guam. However, different breach of contract cases may involve varying terms, circumstances, and contractual agreements, leading to distinct arguments and evidence presented in support of the motion. It is important to note that legal research and consultation with an attorney specializing in Guam contract law should be conducted for accurate and specific information regarding motion for summary judgment for breach of contract in Guam.

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FAQ

In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages.

Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.

Notice of a summary judgment motion, as well as the papers in support of the motion, must be filed with the court and served on all parties at least 75 calendar days before the scheduled hearing date of the motion. All papers opposing a motion must be served and filed not less than 14 days before the hearing date.

Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages. Any reply brief must be served and filed within two court days of service of the opposition papers and may be no longer than 5 pages.

Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.

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Aug 1, 2022 — On May 31, 2007 the final and complete Guam Rules of. Civil Procedure ... (a) Motion for Summary Judgment or Partial Summary Judgment. A party ... 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 ...Apr 28, 2015 — Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits ... Second, Plaintiff filed a Motion to Vacate an August 14, 2000 decision of the Superior Court of Guam granting partial summary judgment and the final judgment ... Apr 29, 2015 — This case centers on a promissory note signed by Defendant-Appellant Kishore Hemlani ("Kishore") in favor of Plaintiff-Appellee Rekha Hemlani (" ... A dispute of fact is genuine if both sides have evidentiary support for their positions. Accordingly, these procedures are also designed to help the court see ... The Superior Court of Guam granted this motion. 27 on February 27, 2004. See ... 1996) (no breach of fiduciary duty because plaintiff's expectation. 20 of ... Mar 21, 2018 — A defendant's potential entitlement to an unliquidated offset from the same contract does not affect the certainty of a plaintiff's claim. On September 2, 1997, Defendant filed the instant motion for summary judgment. ... summary fashion as to the cause of action for breach of contract. As such ... ... Motion to Dismiss into a motion for summary judgment. 4 1 state a Due Process or Equal Protection claim because the Territory of Guam's officers are not 2 ...

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Guam Motion for Summary Judgment by Plaintiff for Breach of Contract