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 Nevada Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal document filed by the plaintiff in a civil lawsuit to request the court to make a final decision on the case without going to trial. This motion seeks a summary judgment in favor of the plaintiff, based on the defendant's alleged breach of contract. Keywords: Nevada, Motion for Summary Judgment, Plaintiff, Breach of Contract, legal document, civil lawsuit, final decision, trial, summary judgment, defendant, alleged breach. In Nevada, there are two primary types of Motions for Summary Judgment in a breach of contract case: 1. Traditional Motion for Summary Judgment: This type of motion is filed when the plaintiff believes there are no genuine issues of material fact in dispute and that they are entitled to judgment as a matter of law. The plaintiff must provide sufficient evidence that supports their claim that the defendant breached the contract, and there is no need for a trial to decide the matter. 2. Summary Judgment Based on Affidavit: In certain situations, a plaintiff may file a motion based on affidavit alone. This means that the plaintiff presents sworn statements or affidavits instead of witness testimony or other forms of evidence to support their claim of breach of contract. The court will evaluate the affidavits and any accompanying exhibits to determine if there is enough evidence to grant summary judgment. When filing a Motion for Summary Judgment in Nevada for a breach of contract, the plaintiff must adhere to specific procedural requirements. These requirements include: 1. Providing Notice: The plaintiff must serve a notice of motion on the defendant, informing them of the intent to seek summary judgment, the grounds on which the motion is based, and the date on which the motion will be heard. 2. Statement of Undisputed Facts: The plaintiff must include a statement of undisputed facts that supports their claim and shows that no genuine issues of material fact exist. This statement should be supported by evidence such as contracts, correspondence, or other relevant documents. 3. Legal Argument: The plaintiff must present a persuasive legal argument explaining why, based on the undisputed facts, they are entitled to summary judgment as a matter of law. This argument should be supported by reference to relevant statutes, case law, and legal precedents. It's important to note that the success of a Nevada Motion for Summary Judgment by Plaintiff for Breach of Contract depends on the court's evaluation of all the evidence and the determination of whether there are any genuine issues of material fact in dispute. If the court grants the motion, it means that the plaintiff's claim of breach of contract will be resolved in their favor without the need for a trial. If the motion is denied, the case will proceed to trial where both parties will present their evidence and arguments before a final decision is made.
