This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
Kansas Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
State:
Multi-State
Control #:
US-PI-0272
Format:
Word;
Rich Text
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FAQ
(a) Order; Content. When the court directs a party to prepare an order, the party must prepare the order in ance with the court's directions. As used in this rule, ?order? includes a journal entry or other document containing a court ruling.
When bringing a summary judgment motion, a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law.
A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.
A judge of the district court must issue a ruling on a civil motion not later than 30 days after the motion's final submission except for a ruling on a motion for summary judgment, which must be issued not later than 60 days after final submission. (b) Ruling on Other Civil Matter Taken Under Advisement.
Primary tabs. When a court dismisses an action, they can either do so ?with prejudice? or ?without prejudice.? Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.
A motion for summary judgment must be accompanied by a filing fee and a memorandum or brief that: (1) states concisely, in separately numbered paragraphs, the uncontroverted contentions of fact on which the movant relies; (2) for each fact, contains precise references to pages, lines and/or paragraphs - or to a time ...
(a) Form of Motion. Every written motion must?in the motion or in an accompanying memorandum?without extended elaboration, state the reasons for the motion and cite authorities, if any, the court should consider in ruling on the motion.
