This form is a sample brief submitted by the defendant in support of the defendant's response to the plaintiff's motion for summary judgment on the issue of liability.
Iowa Brief in Support of Defendant's Responses to Plaintiff's Motion for Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0056
Format:
Word;
Rich Text
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How to fill out Brief In Support Of Defendant's Responses To Plaintiff's Motion For Summary Judgment On The Issue Of Liability?
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FAQ
In Iowa, a Motion for Summary Judgment can be filed by either party up to 60 days prior to the date the case is set for trial unless otherwise specified by the court. If resisting the motion, the opposing party should file a resistance within 15 days of the motion being served, unless ordered otherwise by the court.
1.972(2) Application. . . . No default shall be entered unless the application contains a certification that written notice of intention to file the written application for default was given after the default occurred and at least ten days prior to the filing of the written application for default.
Rule 1.303 - Time for motion or answer to petition 1. 303(1) Unless otherwise provided, the defendant, respondent, or other party shall serve, and within a reasonable time thereafter file, a motion or answer within 20 days after the service of the original notice and petition upon such party.
In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
Each party may file no more than one motion for summary judgment under rule 1.981. The motion may include more than one ground authorized under rule 1.281(3)(b)(1). (3) Deadline. Motions for summary judgment under rule 1.981 must be filed no later than 90 days before trial.
In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.
1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.