This form is a sample order denying plaintiff's request for summary judgment in plaintiff's favor on the issue of liability in a personal injury case involving an automobile accident.
Hawaii Order Denying Plaintiff's Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0054
Format:
Word;
Rich Text
Instant download
Description
How to fill out Order Denying Plaintiff's Motion For Partial Summary Judgment On The Issue Of Liability?
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FAQ
Demur (or demurrer) refers to making a pleading that challenges the sufficiency or adequacy of pleadings of another party. Demurrers typically come in two forms: general and specific. A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue.
Despite the name ?summary judgment,? the ruling of the court that comes after the filing of a motion for summary judgment is an order, not a final judgment. Unlike the situation of the demurrer?in which it is not necessary to get a final judgment?an order granting summary judgment is not appealable.
The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Summary Judgment allows a judgment to be entered without the proceedings of a full trial.
If the court believes the complaint does not state a cause of action and cannot be amended to state a cause of action, the court will sustain the demurrer without leave to amend and the case is dismissed. The demurrer ruling is an order which, by statute, may not be appealed.
The main difference between a motion for a judgment on the pleadings and a general demurrer is that a motion for judgment on the pleadings may be made after the time to demur has expired.
The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer.
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.
A motion for judgment on the pleadings is basically a general demurrer, except that there are fewer time constraints. Like a general demurrer, a motion for judgment on the pleadings can address only the defects that appear either on the face of the pleading or of which judicial notice may be taken. CCP §438(d).
