Louisiana Judgment granting Motion for Summary Judgment

State:
Louisiana
Control #:
LA-5293
Format:
Word; 
Rich Text
Instant download

Description Judgment Summary

This is an example of a judgment on a Motion for Summary Judgment filed by the defendant. The court finds in favor of defendant and against plaintiff (in this example, the plaintiff is the State of Louisiana) and orders the granting of the motion. The defendant is ordered to pay all court costs. A Motion for Summary Judgment is a request made by the defendant in a civil case, typically before the trial. The motion asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense.

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Judgment Summary Louisiana Other Form Names

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Judgment Summary Form FAQ

A summary judgement occurs when, in a civil case, one party wants to move to a court decision without a trial.When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.

Your three options following the court's grant of summary judgment or summary adjudication to the defense. This article explores the benefits and best practices of three options following the grant of summary judgment or summary adjudication: (1) a new-trial motion, (2) a writ, and (3) an appeal.

A motion for summary judgment asks the court to decide the case or specific claims in the case in the moving party's favor.The main difference between a motion to dismiss and a motion for summary judgment is that the court actually gets to evaluate the meat of the claims on a motion for summary judgment.

A summary judgment is not a dismissal.

Under the Federal Rules, a summary judgment motion can be made at any time until 30 days after close of fact discovery.

Motions filed, the percent of cases with motions granted in whole or in part, and the percent of cases terminated by summary judgment. The percentage of cases with summary judgment motions, averaged across the six courts in the study, has increased from approximately 12% in 1975, to 17% in 1985, to 19% in 1988.

Attack the Legal Argument. The first place to look for a weakness in your opponent's motion is at their legal argument. Attack the Evidence. Attack the Separate Statement. Consider Whether Your Opponent's Motion Meets its Burden. Consider Seeking a Continuance to Conduct More Discovery. Conclusion.

A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you.

When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.The judge will then rule on the case based on the facts and evidence. A summary judgement can often be beneficial as it potentially skips a lengthy (and costly) court trial.

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Louisiana Judgment granting Motion for Summary Judgment