Maine Motion for Summary Judgment by Defendant with Notice of Motion

State:
Multi-State
Control #:
US-00920BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic motion for summary judgment. 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.

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  • Preview Motion for Summary Judgment by Defendant with Notice of Motion
  • Preview Motion for Summary Judgment by Defendant with Notice of Motion
  • Preview Motion for Summary Judgment by Defendant with Notice of Motion
  • Preview Motion for Summary Judgment by Defendant with Notice of Motion

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FAQ

Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

RULE 55. (1) Foreclosure Actions. No default or default judgment shall be entered in a foreclosure action filed pursuant to Title 14, Chapter 713 of the Maine Revised Statutes except after review by the court and determination that (i) the service and notice requirements of 14 M.R.S.

A motion for summary judgment shall be supported by a separate, short, and concise statement of material facts, set forth in numbered paragraphs, as to which the moving party contends there is no genuine issue of material fact to be tried.

No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.

If an application is made to produce the information under Rule 26(g), the party resisting discovery bears the initial burden to show the court that the information is not, in fact, "reasonably accessible because of undue burden or expense." The requesting party must then show "good cause" why the information should be ...

Rule 7(b) of the Maine Rules of Civil Procedure governs the procedure in all proceedings in the Probate Courts, except that in probate proceedings an order shall be sought by application or petition where so provided by law or by these rules.

A new trial shall not be granted solely on the ground that the damages are inadequate until the defendant has first been given an opportunity to accept an addition to the verdict of such amount as the court judges to be reasonable.

Default. (a) Entry . When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

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Maine Motion for Summary Judgment by Defendant with Notice of Motion