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 Kansas 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 Kansas courts that allows a plaintiff in a lawsuit to seek partial summary judgment on the issue of liability. This means that the plaintiff is asking the court to rule that the defendant is liable for the claims made against them, eliminating the need for a trial on that particular issue. The motion also includes a request for a separate trial specifically on the issue of damages. The defendant's liability is a crucial aspect of any lawsuit, as it determines whether they should be held responsible for the harm or injuries suffered by the plaintiff. By filing this motion, the plaintiff is aiming to convince the court that there are no genuine issues of material fact related to the defendant's liability, and that they are entitled to judgment as a matter of law on this particular issue. The motion typically starts with a heading that includes the names of the parties involved, case number, and the court where the case is being heard. It is then followed by the body of the motion, which contains various sections: 1. Introduction: This section provides a brief background of the case, outlines the claims being made by the plaintiff, and highlights the specific issue of liability that the motion seeks to address. 2. Statement of Controverted Facts: The plaintiff presents a concise and clear statement of the material facts about which there is no dispute. These facts are crucial in establishing the defendant's liability. 3. Legal Argument: This section outlines the applicable laws or statutes that support the plaintiff's position on the issue of liability. It may include references to relevant case law, statutes, and legal precedents. 4. Supporting Evidence: The plaintiff includes any supporting documentation or evidence, such as affidavits, expert opinions, or deposition testimony. These pieces of evidence substantiate the claims made in the motion and can help convince the court that there is no need for a trial on the issue of liability. 5. Conclusion: The motion concludes with a summary of the plaintiff's arguments and a request for partial summary judgment on the issue of liability. It also includes a request for a separate trial on the issue of damages, as the damages would still require a determination even if liability is established. It is important to note that this general form of the motion for partial summary judgment on liability may be adapted and customized by legal professionals to suit the specific circumstances of the case. Different variations or nuances of this motion may be used depending on the nature of the lawsuit and the legal strategies employed by the plaintiff. Overall, the Kansas 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 valuable tool for plaintiffs to seek a favorable ruling on the issue of liability, potentially saving time and resources by avoiding a trial on this particular matter.
