Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.
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.
Title: Understanding Nebraska Motion for Summary Judgment by Plaintiff for Breach of Contract Keywords: Nebraska motion for summary judgment, plaintiff, breach of contract, types Description: When a party believes that there is no genuine dispute of material facts in a breach of contract case in Nebraska, they may file a motion for summary judgment. This legal procedure allows the plaintiff to request the court to rule in their favor without going through a full trial. In Nebraska, a motion for summary judgment is sought when the plaintiff believes that the defendant has breached the terms of a contractual agreement. Let's delve into the details of Nebraska's motion for summary judgment by the plaintiff for breach of contract. 1. Requirements of Nebraska Motion for Summary Judgment: To file a successful motion for summary judgment in Nebraska, the plaintiff must meet specific requirements. They need to establish that there are no genuine issues of material fact, meaning there is no dispute regarding crucial evidence in the case. Additionally, they must demonstrate that, based on the undisputed facts, they are entitled to judgment as a matter of law. 2. Supporting Evidence and Legal Arguments: The plaintiff's motion for summary judgment should be supported by both legal arguments and relevant evidence. This may include affidavits, documents, or other materials that substantiate the plaintiff's position. These materials should provide undisputed facts or demonstrate the defendant's failure to meet their contractual obligations. The plaintiff's legal arguments should be based on Nebraska contract law and relevant precedents. 3. Types of Nebraska Motion for Summary Judgment by Plaintiff for Breach of Contract: While the overall purpose of a motion for summary judgment is to have the court rule in favor of the plaintiff without a trial, Nebraska recognizes two specific types in breach of contract cases: a. Partial Summary Judgment: In some situations, the plaintiff may seek only partial summary judgment. This type is filed when certain contract provisions have been breached, but other parts of the contract are still in dispute. If granted, partial summary judgment resolves the specific breached provisions, leaving the remaining disputed issues for trial. b. Complete Summary Judgment: Complete summary judgment refers to the plaintiff seeking judgment in their favor on the entire breach of contract claim. This type is typically filed when there are no genuine disputes of material facts, and the plaintiff believes they are entitled to judgment as a matter of law on the entire case. In conclusion, a Nebraska motion for summary judgment by the plaintiff for breach of contract serves as a powerful legal tool to seek a favorable resolution without going through a full trial. By presenting compelling evidence, legal arguments, and complying with Nebraska's requirements, plaintiffs can efficiently pursue their claims and potentially secure a swift judgment in their favor.
