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When bringing a summary judgment motion, a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law.
A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.
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. Rule 56 - Summary Judgment, Me. R. Civ. P. 56 | Casetext Search + Citator casetext.com ? rule ? maine-rules-of-civil-procedure casetext.com ? rule ? maine-rules-of-civil-procedure
P. 3. Except as otherwise provided in these rules, a civil action is commenced (1) by the service of a summons, complaint, and notice regarding Electronic Service, or (2) by filing a complaint with the court. Rule 3 - Commencement of Action, Me. R. Civ. P. 3 - Casetext casetext.com ? rule ? maine-rules-of-civil-procedure casetext.com ? rule ? maine-rules-of-civil-procedure
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 26 - General Provisions Governing Discovery, Me. R. Civ. P ... casetext.com ? rule ? depositions-and-discovery casetext.com ? rule ? depositions-and-discovery
Get a Fair Hearing in Court Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
To prepare an abstract, complete the form Abstract of Divorce Decree (FM-171) and submit it to the court for clerk certification, along with a check for the $10 fee made payable to "Maine District Court." Please read the Best Practices for Submitting an Abstract of Divorce Decree for Clerk Certification (FM-261). Dividing Assets and Debts in Divorce - Maine Judicial Branch maine.gov ? courts ? family ? assets-... maine.gov ? courts ? family ? assets-...
Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.