In Maine, a Motion for Summary Judgment is an important legal tool used in civil litigation to seek a prompt resolution of a case without going to trial. This motion allows a party to request the court to rule in their favor based on the evidence available, asserting that there is no genuine issue of material fact in dispute, and that they are entitled to judgment as a matter of law. The Maine Rules of Civil Procedure govern the procedure for filing a Motion for Summary Judgment in the state. Rule 56 outlines the requirements and standards for such a motion, emphasizing that it should be supported by affidavits, depositions, answers to interrogatories, admissions, and other materials that demonstrate the absence of any genuine issue of material fact. Different types of Motions for Summary Judgment that can be filed in Maine include: 1. Plaintiff's Motion for Summary Judgment: This is filed by the plaintiff in a civil lawsuit seeking a judgment in their favor, arguing that based on the available evidence, no reasonable jury could find in favor of the defendant. 2. Defendant's Motion for Summary Judgment: This motion is filed by the defendant, contending that there are no disputed facts or legal issues that require a trial, and judgment should be entered in their favor. 3. Cross-Motion for Summary Judgment: In certain cases, both parties may file their own motions for summary judgment, each asserting that they are entitled to a judgment as a matter of law. In such situations, the court will evaluate both motions and determine which one, if any, should be granted. To succeed in a Motion for Summary Judgment in Maine, the moving party must establish that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. The court will carefully examine the evidence presented and consider legal arguments, taking into account the standard of proof required for the particular claims and defenses involved. It is crucial for parties to provide persuasive and admissible evidence, factual documentary support, and legal analysis to bolster the likelihood of a Motion for Summary Judgment being granted. A well-prepared motion can significantly reduce the time, cost, and uncertainty associated with a trial, offering parties the opportunity to resolve their dispute efficiently and favorably.
Maine Motion for Summary Judgment
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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.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
The rule provides that findings of fact shall not be set aside unless clearly erroneous. It is believed that this standard corresponds to the present Maine law, both at law and in equity, although the court has formulated the standard in various ways.
No preliminary injunction shall be issued without notice to the adverse party. The application for preliminary injunction may be included in the complaint or may be made by motion.
Make your argument in your brief, with citations to any useful docket entries. Every factual proposition, whether made in support of or opposition to, a motion for summary judgment must be supported by admissible evidence. The court will not search the record for evidence.
The justice or judge before whom an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials have heretofore been granted in actions at law or in suits in equity in the courts of this state.
The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.
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.