This form is a generic motion for partial summary judgment on the issue of liability. 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.
The Montana General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability refers to a legal document filed by the plaintiff in a lawsuit to request a court decision on a specific aspect of the case. Specifically, this motion addresses the issue of liability, shifting the burden of proof onto the defendant. Additionally, this particular form encompasses a Notice of Motion and includes a Request for Separate Trial on the Issue of Damages. This allows for a more efficient and focused trial process, separating the determination of liability from the assessment of damages. Keywords: Montana, General Form, Partial Motion, Summary Judgment, Plaintiff, Issue of Liability, Notice of Motion, Request for Separate Trial, Damages. Other Types of Montana General Forms of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability: 1. Montana General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and Request for Summary Determination of Damages: This variation of the form seeks not only a summary judgment on the issue of liability but also asks the court to determine damages without proceeding to a full trial. 2. Montana General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and Request for Summary Disposition on Affirmative Defenses: In this form, the plaintiff requests summary judgment not only on the issue of liability but also seeks to dismiss any affirmative defenses raised by the defendant in their response to the lawsuit. 3. Montana General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and Request for Summary Dismissal of Counterclaims: This variation of the form addresses cases where the defendant files counterclaims against the plaintiff. The plaintiff, through this motion, seeks summary judgment on the issue of liability and requests the court to dismiss the counterclaims made by the defendant. 4. Montana General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and Request for Summary Determination of Comparative Fault: This form is specifically relevant in cases where the defendant argues that the plaintiff shares some degree of fault for the claimed damages. The plaintiff, through this motion, seeks summary judgment both on the issue of the defendant's liability and requests the court to determine the comparative fault, if any, of the plaintiff. These various types of Montana General Forms of Partial Motion for Summary Judgment cater to different legal scenarios, allowing the plaintiff to address specific issues related to liability, damages, affirmative defenses, counterclaims, and comparative fault in an efficient and comprehensive manner.
