This form requests that the court issue a partial summary judgment in favor of the plaintiff regarding the issue of liability in a personal injury case involving an automobile accident.
Pennsylvania Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0052
Format:
Word;
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How to fill out Motion For Partial Summary Judgment On The Issue Of Liability?
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Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
Rule *1035.2(a) - Motion for Summary Judgment (1)General Rule. After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, and in with any case-specific case management order, any party may file a motion for summary judgment, as provided in Pa.
From a tactical perspective, there are two basic types of summary-judgment motions. One requires a full evidentiary presentation, and the other requires only a more limited, targeted one.
(1) A response to the motion for summary judgment which includes a concise statement, not to exceed two pages in length, as to why the motion should not be granted. (2) A response to the statement of undisputed material facts either admitting or denying or disputing each of the facts in the movant's statement.
Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.
If the judge fails to decide the motion within 120 days, or to grant an extension as provided in paragraph (B)(3)(b), the motion shall be deemed denied by operation of law.
Usually, appellate counsel can confidently say that a grant of partial summary judgment, standing alone, will not allow for an interlocutory appeal. A complete grant of summary judgment is a final, appealable judgment, but a partial grant is usually not appealable until the end of the case.
As a general matter, courts will not enter a final judgment until the entire case is resolved. By focusing summary judgment on a discrete issue of liability and reserving the issue of damages for trial, even in complex cases plaintiffs can win an early victory and narrow the issues to be decided by the jury at trial.
The presiding officer may grant a partial summary judgment if the pleadings, depositions, answers to interrogatories and admissions, together with affidavits, if any, show that there is no genuine issue as to a material fact and that the moving party is entitled to a judgment as a matter of law on one or more but not ...
The Nanty-Glo rule means that: ?Testimonial affidavits of the moving party or his witnesses, not documentary, even if uncontradicted, will not afford sufficient basis for the entry of summary judgment, since the credibility of the testimony is still a matter for the jury.? Goodrich-Amram, 2d, § 1035(b): 4 at pp.