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.
A New Mexico Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal document filed by the plaintiff in a breach of contract case in the state of New Mexico. This motion requests the court to grant a summary judgment in favor of the plaintiff, asserting that there are no genuine issues of material fact in the case and that the plaintiff is entitled to judgment as a matter of law. Keywords: New Mexico, motion for summary judgment, plaintiff, breach of contract, legal document, genuine issues of material fact, judgment as a matter of law. Different types of New Mexico Motion for Summary Judgment by Plaintiff for Breach of Contract may include: 1. Traditional Summary Judgment: This type of motion is filed when there are no genuine issues of material fact in dispute, and the plaintiff believes they are entitled to judgment based on established contract law principles. 2. Summary Judgment Based on a Discovery Response: Sometimes, the plaintiff may file a motion for summary judgment after conducting extensive discovery and receiving the defendant's responses. If the responses fail to raise any genuine issues of material fact, the plaintiff may seek summary judgment. 3. Summary Judgment Based on Admissions: In some cases, the defendant may have made admissions or failed to respond to certain requests for admissions, which can be used by the plaintiff to support a motion for summary judgment. 4. Summary Judgment on Partial Breach: If the plaintiff believes that specific parts of the contract have been breached, they may file a motion seeking summary judgment on those particular claims while allowing other parts of the lawsuit to continue. 5. Summary Judgment on the Affirmative Defenses: If the defendant asserts an affirmative defense, such as statute of limitations or failure to mitigate damages, and the plaintiff believes that defense is insufficient as a matter of law, they may file a motion seeking summary judgment on those defenses. In conclusion, a New Mexico Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal tool used to request the court to grant judgment to the plaintiff based on established contract law principles when there are no genuine issues of material fact in dispute. Different types of motions may be filed based on the specific circumstances of the case.
