This form is a generic motion for partial summary judgment on the issue of liability. 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.
The Illinois General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages is a legal document used in the state of Illinois. It is filed by the plaintiff in a civil lawsuit to request the court to grant summary judgment on the issue of liability, while also requesting a separate trial on the issue of damages. Keywords: Illinois, General Form, Partial Motion for Summary Judgment, Plaintiff, Issue of Liability, Notice of Motion, Request for Separate Trial, Damages. The purpose of this motion is to expedite the litigation process by seeking a ruling on liability before proceeding to a trial. By separating liability from damages, the court can focus solely on determining if the plaintiff is entitled to a judgment for liability, without getting into the complexities of damages calculation. The Illinois General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages must include the following components: 1. Caption: The document should contain the court name, case name, case number, and the heading "General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages." 2. Introduction: The motion should start with an introduction stating the background of the case and the plaintiff's intention to seek summary judgment on the issue of liability. It should be concise and clear, providing a brief overview of the legal basis for the motion. 3. Statement of Facts: This section presents the undisputed material facts of the case in a concise and objective manner. The plaintiff should only include facts that are relevant to the issue of liability, ensuring that they support the motion for summary judgment. 4. Legal Argument: The plaintiff's legal argument section lays out the applicable law and precedents supporting the claim for summary judgment on liability. It should demonstrate that there are no genuine issues of material fact and that the plaintiff is entitled to a judgment as a matter of law on the issue of liability. 5. Conclusion: The motion should conclude by restating the request for summary judgment on the issue of liability and the request for a separate trial on the issue of damages. The plaintiff should also request a hearing or oral argument on the motion. Different types of Illinois General Forms of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages may exist depending on the specific area of law or the nature of the case. For example, there may be separate forms for personal injury cases, contract disputes, or employment discrimination cases. These forms may have slight variations, but they generally follow the same structure and purpose. It is important to consult with an attorney or legal professional to ensure the correct form is used for each specific case. Complying with the proper format and including all required elements will increase the chances of a successful motion for summary judgment on the issue of liability and separate trial on damages in Illinois courts.
