North Carolina 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

Get a Fair Hearing in Court Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.

An Introduction to Summary Judgment In North Carolina Summary judgment is a way for the court to dispose of claims that the plaintiff (the party bringing the lawsuit) cannot prove or that the defendant (the party against whom the lawsuit was filed) cannot contradict.

Take summary judgment motions seriously. They can end your case and just because the standard of review on appeal is de novo, don't assume that will help you. Appellate court judges themselves estimate that only about 35% of the summary judgments granted are reversed on appeal.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.

Summary judgment in labor law cases is granted in whole in 36.2% of cases, in part in 23.8% of cases, and denied in 40% of cases. In contract cases, summary judgment is granted in whole in 35.1% of cases, in part in 22.6% of cases, and denied in 42.3% of cases.

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.

The Motion for Summary Judgment may be filed after the defendant has filed a response to the complaint (such as an answer or a motion to dismiss), but no later than 30 days after the close of discovery. You will find the deadline for the close of discovery by looking at the Court's ?scheduling order? in your case.

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North Carolina Motion for Summary Judgment