This form is a generic motion requesting additional time to respond to a motion for summary judgment.
Nebraska Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion
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Multi-State
Control #:
US-00919BG
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Word;
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How to fill out Motion Requesting Additional Time To Respond To Motion For Summary Judgment With Notice Of Motion?
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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.
(1) A motion shall set forth the relief requested and the grounds therefor. (2) A response shall be filed within 10 days of the filing of the motion. Any response by a party shall respond to the motion of the moving party and not to a response filed by another party.
Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case.
Summary judgment is to be granted only when the pleadings, depositions, admissions, stipulations, and affidavits disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from these facts and that the moving party is entitled to judgment as a matter of law.
A motion raising a substantial issue of law must be supported by a brief filed and served together with the motion. The brief must be separate from, and not attached to or incorporated in, the motion or index of evidence. The brief must concisely state the reasons for the motion and cite to supporting authority.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
The main factors that will be taken into account by the court are whether: A claim, issue or a defence to a claim or issue has no real prospect of success. And there is no other compelling reason for a trial.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.