How do I argue against summary judgment?

Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.

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Maine
Motion for Summary Judgment by Plaintiff for Breach of Contract

Maine Motion for Summary Judgment by Plaintiff for Breach of Contract

Category:

Civil Procedure - Motions - Summary Judgments

State:

Multi-State

Control #:

US-01922BG

Format:

Instant download

Description

Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.

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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How to fill out Motion For Summary Judgment By Plaintiff For Breach Of Contract?

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FAQ

There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defense's evidence.

You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.

Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.

The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.

A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.

In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.

Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.