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 Montana Motion for Summary Judgment by Defendant with Notice of Motion is a legal document filed by the defendant in a civil case. This motion requests the court to rule in favor of the defendant before trial, based on specific legal grounds. A defendant typically files this motion when they believe there is no genuine dispute of material facts and that they are entitled to win the case as a matter of law. By filing this motion, the defendant aims to avoid a lengthy trial process, significantly reduce legal expenses, and secure a favorable outcome promptly. In Montana, there are two primary types of Motion for Summary Judgment by Defendant with Notice of Motion that can be filed: 1. Summary Judgment Motion Based on the Lack of Genuine Dispute: This type of motion is filed when the defendant argues that there is no genuine dispute regarding any material facts in the case. The defendant presents evidence, such as depositions, affidavits, or other relevant documents, to convince the court that no reasonable jury could find in favor of the plaintiff. To succeed, the defendant must demonstrate that the evidence, when viewed in the light most favorable to the plaintiff, does not establish a legally sufficient case. 2. Summary Judgment Motion Based on Legal Defenses: In this variation, the defendant argues that even if the material facts are viewed in the light most favorable to the plaintiff, they are still entitled to judgment as a matter of law due to legal defenses. These defenses might include, for example, expiration of the statute of limitations, lack of legal duty, assumption of risk, or contractual provisions that exempt the defendant from liability. The defendant presents legal arguments and supporting evidence to persuade the court that they should be granted summary judgment based on these defenses. When filing the Motion for Summary Judgment by Defendant, a Notice of Motion is included to inform the court and parties involved about the intention to seek summary judgment. The Notice of Motion states the date, time, and place where the motion will be heard, allowing the opposing party an opportunity to respond to the motion. In summary, a Montana Motion for Summary Judgment by Defendant with Notice of Motion is a legal tool utilized by the defendant in a civil case to request the court's favorable ruling prior to trial. This motion can be filed either based on the lack of genuine dispute or by presenting legal defenses. By filing this motion, the defendant aims to expedite the legal process and obtain a favorable outcome without the need for a trial.
