This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
Kentucky Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
State:
Multi-State
Control #:
US-PI-0272
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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 defendant shall serve his/her answer within 20 days after service of the summons upon him/her. A party served with a pleading stating a cross claim against him/her shall serve an answer thereto within 20 days after the service upon him/her.
On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.
Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion. Opposing memoranda may be submitted within thirty (30) days with fifteen (15) days allowed for reply, after which the motion will stand submitted.
Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address.
In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.
CR 56.03 Motion and proceedings thereon A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.
