This form is a sample brief submitted by the defendant in support of the defendant's response to the plaintiff's motion for summary judgment on the issue of liability.
Louisiana Brief in Support of Defendant's Responses to Plaintiff's Motion for Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0056
Format:
Word;
Rich Text
Instant download
Description
How to fill out Brief In Support Of Defendant's Responses To Plaintiff's Motion For Summary Judgment On The Issue Of Liability?
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FAQ
Article 42 of the Code of Civil Procedure establishes the basic rule of venue: a defendant is to be sued in the parish of his domicile. The Code does establish exceptions to this basic principle, however, in the interest of providing a convenient place for trial.
Under La. C.P.P. art. 966(B)(2), a party opposing a summary judgment must file and serve an opposition at least 15 days before the hearing on the MSJ.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.
After an opportunity for adequate discovery, a motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P.
Rule 9.10 - Motions for Summary Judgment (a) A memorandum in support of a motion for summary judgment shall contain: (1) A list of the essential legal elements necessary for the mover to be entitled to judgment; (2) A list of the material facts that the mover contends are not genuinely disputed; and (3) A reference to ...
An ex parte order of temporary custody of a minor child shall not be granted unless: (1) It clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury will result to the child before the adverse party or his attorney can be heard in opposition.
Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
(1) A party may move for a summary judgment for all or part of the relief for which he has prayed. A plaintiff's motion may be filed at any time after the answer has been filed. A defendant's motion may be filed at any time.