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Maine Plaintiff's Motion for Partial Summary Judgment - Personal Injury

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This form is a sample plaintiff's motion for partial summary judgment on the issue of liability in personal injury case involving an automobile accident.

Maine Plaintiff's Motion for Partial Summary Judgment — Personal Injury is a legal document filed by the plaintiff in a personal injury case to request the court to grant judgment in their favor on specific issues without the need for a full trial. This motion aims to resolve certain disputed facts or legal issues that can be decided by the court as a matter of law, saving time and resources for both parties. Keywords: Maine, plaintiff's motion, partial summary judgment, personal injury, legal document, court, judgment, issues, trial, facts, disputed, law, resources, parties. There are different types of Maine Plaintiff's Motion for Partial Summary Judgment — Personal Injury, categorized based on the specific issues they address. Here are a few examples: 1. Liability Motion for Partial Summary Judgment: This type of motion seeks to establish that the defendant is liable for the plaintiff's injuries. It requests the court to find the defendant responsible based on undisputed facts and relevant laws, eliminating the need for a trial on liability. 2. Damages Motion for Partial Summary Judgment: In this motion, the plaintiff aims to obtain a judgment on the amount of damages they are entitled to without going through a full trial. The motion presents evidence, such as medical bills, expert opinions, and lost wages, to support the requested damages. 3. Negligence Motion for Partial Summary Judgment: This motion focuses on proving the defendant's negligence as a matter of law. It argues that the defendant breached their duty of care towards the plaintiff, which directly caused the injury, and requests the court to rule in favor of the plaintiff on the issue of negligence. 4. Proximate Cause Motion for Partial Summary Judgment: This type of motion addresses the element of proximate cause, asserting that the defendant's actions were the direct cause of the plaintiff's injuries. It seeks to demonstrate that there is no genuine dispute regarding causation, making a trial on this issue unnecessary. 5. Comparative Fault Motion for Partial Summary Judgment: This motion aims to establish that the plaintiff was not at fault or was minimally responsible for the accident that resulted in the injury. By proving the defendant's substantial contribution to the harm, the plaintiff seeks to obtain a judgment favoring their claim. Maine Plaintiff's Motion for Partial Summary Judgment — Personal Injury is a crucial legal tool in streamlining personal injury litigation. By addressing specific issues separately, this motion allows the court to make a determination on certain aspects of the case, potentially narrowing down the scope of a trial and expediting the resolution process.

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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.

Federal Rule 41(a) permits voluntary dismissal without court approval only up until the filing of the answer or a motion for summary judgment; in Maine such voluntary dismissal may come as late as the eve of trial, at a time when other parties may have expended great time and effort as to the plaintiff or the defendant ...

Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.

§ 3213. Motion for summary judgment in lieu of complaint. When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint.

A party is entitled to summary judgment when the record shows that there is no genuine issue of material fact and the party is entitled to judgment as a matter of law.

Usually, appellate counsel can confidently say that a grant of partial summary judgment, standing alone, will not allow for an interlocutory appeal. A complete grant of summary judgment is a final, appealable judgment, but a partial grant is usually not appealable until the end of the case.

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 ...

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.

What Is a Partial Summary Judgement? In some cases, the court may grant a motion for partial summary judgment. The purpose of partial summary judgment is to simplify a trial by ruling on some claims, but not all. For example, the court might rule on some factual issues but leave others for trial.

Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial.

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If the injured employee elects to claim compensation and benefits under this Act, any employer having paid the compensation or benefits or having become liable ... Central to both motions for summary judgment are: 1) the Policy, and 2) the underlying complaint. True and complete copies of both documents have been included ...Defendant shall have thirty (30) days from the docketing of this order to file a responsive pleading to the Plaintiff's. Second Amended Complaint. 2. Plaintiffs ... A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. ... the testimony of an expert witness designated by the other side. The plaintiffs have also filed a motion for summary judgment on the defendant‟s affirmative. Plaintiff's Motion for Partial Summary Judgment (Docket No. 8) at 2-3. The defendant contends that the statute must be strictly construed and that "plaintiff ... The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a ... Jun 5, 2020 — My co-counsel and I are in agreement that the case more properly belongs in Maine, and we are inclined to dismiss and re-file there. Jun 17, 2021 — Ruling on what it construed as a plaintiffs' motion for partial summary judgment, the District Court declared the entire ACA unlawful. Texas ... On August 10, 2020, the court issued an order granting partial summary judgment in favor of the plaintiffs and against the defendants in Ability Center, et al.

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Maine Plaintiff's Motion for Partial Summary Judgment - Personal Injury