Nebraska Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability

State:
Multi-State
Control #:
US-PI-0053
Format:
Word; 
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Description

This form is a sample memorandum by the plaintiff in support of plaintiff's motion for summary judgment on the issue of liability in a case involving an automobile accident.
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  • Preview Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
  • Preview Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
  • Preview Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
  • Preview Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
  • Preview Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
  • Preview Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
  • Preview Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
  • Preview Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability

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FAQ

Although the law is clear that only admissible evidence may be considered on summary judgment, that does not mean that the material must be presented in a form that would be admissible at trial. Affidavits and declarations are the classic examples.

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.

Consider the following five approaches: 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.

Notice of a summary judgment motion, as well as the papers in support of the motion, must be filed with the court and served on all parties at least 75 calendar days before the scheduled hearing date of the motion. All papers opposing a motion must be served and filed not less than 14 days before the hearing date.

No action at law or equity may be brought or maintained attacking the validity or enforceability of or to rescind or declare void and uncollectible any written contract entered into pursuant to, in compliance with, or in reliance on, a statute of the State of Nebraska which has been or hereafter is held to be ...

Nebraska Civil Statutes of Limitations at a Glance There is also a four-year limit for fraud, trespassing, oral contracts, and some other causes of action. For judgments and written contracts, there is a five-year statute of limitations.

A summary judgment shall be rendered if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact, that the ultimate inferences to be drawn from those facts are clear, and that the moving party is entitled to a judgment as a ...

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Nebraska Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability