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Kentucky
Motion for Summary Judgment by Plaintiff for Breach of Contract

Kentucky Motion for Summary Judgment by Plaintiff for Breach of Contract

Category:

Civil Procedure - Motions - Summary Judgments

State:

Multi-State

Control #:

US-01922BG

Format:

Instant download

Description

Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.

This form is a generic motion for summary judgment. 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.

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How to fill out Motion For Summary Judgment By Plaintiff For Breach Of Contract?

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FAQ

In a civil case, the plaintiff must convince the jury by a ?preponderance of the evidence? (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.

(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it.

The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.

Standard for Summary Judgment Under Kentucky law, ?the proper function for summary judgment . . . is to terminate litigation when, as a matter of law, it appears that it would be impossible for the respondent to produce evidence at the trial warranting a judgment in his favor and against the movant.? Steelvest, lnc.

Usually, the burden of proof is on the party who brings a claim to establish their case by adducing sufficient supporting evidence.

The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty ?beyond a reasonable doubt,? which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

Crimes must be proved beyond a reasonable doubt. Torts and other civil wrongs must be proved by a preponderance of the evidence. ?Preponderance? is taken to mean a majority, 51%, or other equivalent measures that imply that the defendant more likely than not committed the act.