Montana Motion for Summary Judgment

State:
Multi-State
Control #:
US-60929
Format:
Word; 
Rich Text
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Description

Plaintiff moves to have summary judgment entered against defendant in an action concerning a default on an office lease.
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FAQ

When bringing a summary judgment motion, a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law.

If a party makes a motion for summary judgment and supports it as provided in this rule, an opposing party may not rest upon the mere allegations or denials of the opposing party's pleading, but shall, by affidavits or as otherwise provided in this rule, set forth specific facts showing that a genuine issue exists for ...

On notice to other parties and all affected persons, a party may move for an order compelling discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.

Make your argument in your brief, with citations to any useful docket entries. Every factual proposition, whether made in support of or opposition to, a motion for summary judgment must be supported by admissible evidence. The court will not search the record for evidence.

Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.

A motion for summary judgment asks the court to decide a lawsuit without going to trial because there is no dispute about the key facts of the case. A case must go to trial because parties do not agree about the facts.

The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross-appeal. The reply brief must be confined to new matter raised in the brief of the appellee.

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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Montana Motion for Summary Judgment