This form is a generic motion for partial summary judgment on the issue of liability. 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.
The New Hampshire General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages is a legal document filed by the plaintiff in a civil case in the state of New Hampshire. This motion allows the plaintiff to request a summary judgment on the issue of liability, indicating that there are no genuine disputes of material fact and that the plaintiff is entitled to judgment as a matter of law. Key elements of this form include: 1. Caption: The form starts with a caption, which includes the court's name, case number, plaintiff's name, and defendant's name. This section is important to ensure proper identification of the case. 2. Introduction: The motion begins with an introduction that sets forth the plaintiff's intention to seek a partial summary judgment on the issue of liability. This section also includes a brief overview of the relevant facts and legal arguments supporting the plaintiff's position. 3. Statement of Undisputed Material Facts: The plaintiff must provide a concise statement of material facts that are not in dispute. These facts should support the plaintiff's position on liability and demonstrate that there are no genuine issues of material fact requiring a trial. 4. Legal Argument: This section outlines the legal basis for the plaintiff's claim of liability and explains why a summary judgment in favor of the plaintiff is appropriate. It may include references to relevant statutes, case law, or legal principles supporting the plaintiff's position. 5. Request for Summary Judgment on Liability: The plaintiff explicitly requests the court to grant partial summary judgment on the issue of liability, citing the absence of genuine disputes and the plaintiff's entitlement to judgment as a matter of law. 6. Notice of Motion: This part informs the court and the opposing party that the plaintiff intends to present the motion for summary judgment and sets a specific date for the hearing or response deadline. 7. Request for Separate Trial on Issue of Damages: In certain cases, where liability is established through a summary judgment, the plaintiff may request a separate trial on the issue of damages. This section states the plaintiff's intention to proceed with a separate trial for assessing the appropriate damages. It is worth noting that there are no different types of New Hampshire General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages. However, the specific facts and legal arguments in each case may vary, leading to differences in the content of the motion.
