This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
Massachusetts Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Summary Judgment On Behalf Of Defendant?
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FAQ
A claimant can apply for summary judgment once the defendant has filed either an acknowledgment of service, or a defence, or if the court otherwise grants permission. A defendant can only apply for summary judgment after it has filed either an acknowledgement of service, or a defence.
Rule 55(a) authorizes the entry of default when the opposing party has "failed to plead or otherwise defend".
A Motion for Reconsideration shall be based on (1) newly discovered evidence that could not be discovered through the exercise of due diligence before the original motion was filed; (2) a change of relevant law; or (3) a particular and demonstrable error in the original ruling or decision.
A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
(e) Motion to alter or amend a judgment A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment.
No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.