This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
Montana Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Summary Judgment On Behalf Of Defendant?
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FAQ
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
Judges are cautious about granting summary judgment because it denies the party's right to a jury trial. But when it's clear that a trial would merely involve going through the motions without any possibility of a different result, courts will use summary judgment to save time and resources.
The first publication of summons or personal service of the summons and complaint upon the defendant out of Montana must be made within 60 days after the filing of the affidavit for publication. If not, the action must be dismissed as to any party intended to be served by such publication.
Summary judgment: When there is no genuine issue as to any material fact, the movant is entitled to a judgment as a matter of law. Purpose of summary judgment: To determine whether there is an issue of fact to be tried.
If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.
A motion for summary judgment is a motion asking the court to issue summary judgment on at least one claim. If the motion is granted, a decision is made on the claims involved without holding a trial.
Despite the name ?summary judgment,? the ruling of the court that comes after the filing of a motion for summary judgment is an order, not a final judgment. Unlike the situation of the demurrer?in which it is not necessary to get a final judgment?an order granting summary judgment is not appealable.