The Motion for Partial Summary Judgment and Notice of Hearing is a legal document that requests the court to make a decision on specific issues in a case without the need for a full trial. This motion is distinct from other types of motions because it seeks to resolve parts of a claim when there are no genuine disputes over material facts. It is essential for efficiently addressing particular aspects of a legal dispute in a timely manner.
This form is typically used in civil litigation cases when one party believes that there are no material facts in dispute regarding specific issues, and therefore, a trial is unnecessary on those points. For example, this motion may be filed when one party seeks to obtain a judgment on a breach of contract or when asserting a claim based on clear legal grounds that do not require factual determination.
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A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.
At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law. After hearing the judge decides the motion and this is called an order. However, during a trial or a hearing, an oral motion may also be permitted.
The Notice of Motion usually begins with the caption that includes the court of jurisdiction, the docket number, and below the docket number, "Notice of Motion." It is usual to then write, "Please take Notice that the undersigned will bring a motion for (what you are asking the court for or to do)." Read the Local
A motion is a written request made to the court, asking the judge to issue an order.The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.