This form is a generic motion for partial summary judgment on the issue of liability. 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.
Maryland General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages is a legal document used in the state of Maryland to request a summary judgment in favor of the plaintiff on the issue of liability in a lawsuit, while also requesting a separate trial specifically dedicated to determining the damages involved in the case. This motion is typically filed by the plaintiff in civil litigation cases where they believe there is enough evidence to prove the defendant's liability for the alleged wrongdoing. By filing this motion, the plaintiff aims to have the court determine liability as a matter of law, bypassing the need for a full trial on this particular issue. The Maryland General Form of Partial Motion for Summary Judgment on Issue of Liability starts with the identification of the parties involved in the case and provides a brief background of the dispute. The document goes on to present the specific legal grounds on which the summary judgment is being sought, usually citing relevant laws, statutes, or established case precedents. The plaintiff must present a detailed statement of facts supported by affidavits, documentation, or other evidence that demonstrates the absence of any factual disputes or genuine issues of material fact. The objective is to convince the court that there is no need for a trial on liability because the evidence overwhelmingly favors the plaintiff's position. Simultaneously, the motion includes a Notice of Motion, which informs the opposing party and the court of the plaintiff's intent to request summary judgment on the issue of liability. This section usually includes details about the date, time, and location for the hearing on the motion. Additionally, the Maryland General Form includes a Request for Separate Trial on Issue of Damages. By making this request, the plaintiff seeks to create a separate trial dedicated solely to determining the appropriate amount of damages to be awarded if the court grants summary judgment on the issue of liability. This allows the court to separately evaluate the damages without the distraction of liability matters. It's essential to note that there may be different variations or specific forms of the Maryland General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and Request for Separate Trial on Issue of Damages, depending on the specific court and jurisdiction. However, the general structure and content remain consistent, with minor modifications to conform to local rules and requirements. Some possible variations or similar forms may include a motion for partial summary judgment with a request for a bench trial on the remaining issues, a motion for summary judgment on liability with a subsequent request for a jury trial on damages, or a motion for summary judgment on liability with a request for an expedited trial on damages. Each variation tailors the motion to fit the particular needs and circumstances of the case.
