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.
A Motion for Summary Judgment is a legal procedure that can be initiated by the plaintiff in a breach of contract case in Michigan. It is an essential tool used by plaintiffs to seek a swift resolution to the case by asking the court for a judgment in their favor without the need for a trial. By filing a Motion for Summary Judgment, the plaintiff argues that there are no disputed issues of material fact and that they are entitled to a judgment as a matter of law. In Michigan, there are various types of Motions for Summary Judgment that can be filed by the plaintiff in a breach of contract case. Some of these motions may include: 1. Traditional Motion for Summary Judgment: This type of motion is filed when the plaintiff believes that there are no genuine issues of material fact in dispute and that they are entitled to judgment as a matter of law based on the evidence already presented in the case. The plaintiff's argument will typically focus on proving that all the essential elements of a breach of contract claim have been met. 2. Motion for Summary Judgment based on the Statute of Frauds: In certain situations, the plaintiff may argue that the contract at issue falls within the scope of the Statute of Frauds, which requires certain contracts to be in writing to be enforceable. If the plaintiff can demonstrate that the contract lacks the necessary written form, they may seek summary judgment in their favor. 3. Motion for Summary Judgment based on Unambiguous Contract Terms: Here, the plaintiff contends that the terms of the contract are clear and unambiguous, leaving no room for interpretation. By presenting evidence that clearly supports their interpretation of the contract, the plaintiff seeks a judgment in their favor. 4. Motion for Summary Judgment on Damages: In some cases, the plaintiff may file a motion seeking summary judgment solely on the issue of damages. This motion argues that there is no dispute regarding the amount of damages owed to the plaintiff due to the breach of contract, and therefore, judgment should be entered in their favor on this specific aspect. When filing a Motion for Summary Judgment, the plaintiff must submit a written brief outlining their legal arguments and supporting evidence. This brief should thoroughly address all relevant aspects of the contract and breach, as well as any applicable laws or legal precedents that support their position. Additionally, the plaintiff should provide a detailed statement of undisputed facts, demonstrating that there are no genuine issues remaining for trial. Overall, a Motion for Summary Judgment by the plaintiff in a breach of contract case in Michigan is a powerful legal tool designed to expedite the resolution of the dispute. It allows the plaintiff to request the court's intervention by presenting persuasive arguments and evidence that there are no genuine factual disagreements and that they are entitled to a judgment as a matter of law.
