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.
In North Carolina, a Motion for Summary Judgment by Defendant with Notice of Motion is a legal document filed by the defendant in a civil case, requesting the court to rule in their favor without going to trial. This motion is usually filed when the defendant believes that there is no genuine issue of material fact and that the plaintiff's claims are insufficient to support a judgment in their favor. The purpose of the Motion for Summary Judgment in North Carolina is to eliminate the need for a trial when the defendant believes that the plaintiff's case lacks merit or sufficient evidence. It allows the defendant to challenge the plaintiff's claims without the need for a full trial, saving both time and resources for all parties involved. The defendant filing the Motion for Summary Judgment must provide a Notice of Motion, which serves as a formal notification to the court and the opposing party of their intentions. This notice outlines the specific grounds on which the defendant is basing their motion, usually citing applicable laws, rules of procedure, and supporting evidence. Moreover, it indicates the date and time when the motion will be heard in court, allowing the plaintiff an opportunity to respond and present their arguments against the motion. Types of North Carolina Motions for Summary Judgment by Defendant with Notice of Motion may include: 1. Partial Summary Judgment: This type of motion is filed when the defendant believes that some of the plaintiff's claims lack merit while others may still have valid legal grounds. The defendant seeks a ruling from the court to dismiss or grant judgment in their favor for specific claims or issues in the case. 2. Complete/Total Summary Judgment: In this type of motion, the defendant argues that all the plaintiff's claims are legally insufficient, and there are no genuine issues of material fact in dispute. The defendant requests the court to dismiss the entire case and enter judgment in their favor, effectively terminating the lawsuit. When filing a Motion for Summary Judgment in North Carolina, it is essential to provide supporting evidence, such as affidavits, depositions, and other relevant documents. The defendant must establish that there are no factual disputes in the case and that the law supports a judgment in their favor. It is crucial to follow the local rules and procedures for filing a Motion for Summary Judgment and ensure that the Notice of Motion complies with all necessary requirements. In conclusion, a Motion for Summary Judgment by Defendant with Notice of Motion in North Carolina is a legal tool used by defendants to request the court to rule in their favor without going to trial. By filing this motion, the defendant asserts that there are no genuine issues of material fact and that the plaintiff's claims lack legal merit. The Notice of Motion serves to inform the court and the opposing party of the defendant's intentions and provides an opportunity for the plaintiff to respond. Different types of motions under this category may include Partial Summary Judgment and Complete/Total Summary Judgment, depending on the specific circumstances of the case.
