This form is plaintiff's response to defendant's motion for partial summary judgment involving a dispute over leased office space. The plaintiff contends that the court should deny defendant's motion for partial summary judgment based upon the facts presented before the court.
Nevada Response to Motion for Partial Summary Judgment in Support of Hospital's Summary Judgment Motion
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How to fill out Response To Motion For Partial Summary Judgment In Support Of Hospital's Summary Judgment Motion?
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If you've been served with a Motion for Summary Judgment you have ten days from the date of the motion (plus an additional three days if you received the motion by mail) to file an "opposition" to the motion, explaining to the court why the motion should not be granted and why judgment should not be entered against you ...
Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.
Show that a dispute exists on a material fact. A material fact is one that matters to the outcome of a case, like the speed of a car preceding a traffic accident. The disagreement must appear in the record of the case, either in the pleadings or in filed discovery responses.
It should contain a strong legal argument, with references to the facts as well as to legal authorities such as case opinions and statutes. When supporting your argument with facts, make sure every fact you rely upon is supported by admissible evidence.
After giving notice and a reasonable time to respond, the court may: (1) grant summary judgment for a nonmovant; (2) grant the motion on grounds not raised by a party; or (3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.