Pennsylvania Motion for Summary Judgment on Behalf of Defendant is a legal document filed in civil cases to request the court to make a judgment in favor of the defendant without going to trial. This motion asserts that there is no genuine dispute of material fact, and based on the evidence presented, the defendant is entitled to judgment as a matter of law. In Pennsylvania, there are two primary types of Motions for Summary Judgment that a defendant may file: 1. Traditional Motion for Summary Judgment: This motion argues that there are no genuine issues of material fact in the case, and even when viewing the evidence in the light most favorable to the opposing party, the defendant is entitled to judgment as a matter of law. The motion typically includes a detailed memorandum supporting the legal arguments, relevant case law, and cited evidence that demonstrate the absence of any genuine dispute. 2. Motion for Summary Judgment Pursuant to Pennsylvania Rule of Civil Procedure 1035.2: This type of motion is based on a specific rule of procedure in Pennsylvania. Rule 1035.2 allows a party to seek summary judgment when there is no genuine issue of material fact, and the right to judgment can be decided as a matter of law. This motion is often filed when the case involves clear legal issues that require a straightforward determination. To file a Motion for Summary Judgment on Behalf of Defendant in Pennsylvania, the following steps are generally necessary: 1. Draft the motion: Prepare the motion document, including the title, caption, introduction, statement of facts, legal arguments, supporting case law, and any applicable affidavits or exhibits. 2. Serve the motion: Serve a copy of the motion and all supporting documents to the opposing party or their legal representative. Comply with the required legal service methods and timeframes. 3. File the motion: File the original motion and supporting documents with the appropriate court, paying any applicable filing fees. Ensure to keep a copy of the filed motion for your records. 4. Response and hearing: The opposing party will have an opportunity to respond to the motion, usually within a specified time period. After the response, the court may schedule a hearing or decide solely based on the written arguments and evidence provided. 5. Court decision: The court will review the motion, responses, supporting evidence, and legal arguments before rendering a decision. If the court grants the motion, it means they have determined that the defendant is entitled to judgment as a matter of law, and the case may be dismissed. In conclusion, a Pennsylvania Motion for Summary Judgment on Behalf of Defendant is a legal tool used to request the court to decide the case in favor of the defendant without going to trial. It must be supported by a thorough analysis of relevant facts, laws, and case precedents. By filing a Motion for Summary Judgment, defendants aim to efficiently resolve the case and avoid the time and cost of a full trial.
Pennsylvania Motion for Summary Judgment on Behalf of Defendant
Description
How to fill out Pennsylvania Motion For Summary Judgment On Behalf Of Defendant?
If you need to complete, download, or print out lawful file web templates, use US Legal Forms, the biggest variety of lawful forms, which can be found online. Take advantage of the site`s easy and practical research to get the papers you will need. Various web templates for company and personal reasons are categorized by groups and suggests, or keywords. Use US Legal Forms to get the Pennsylvania Motion for Summary Judgment on Behalf of Defendant in a handful of clicks.
Should you be currently a US Legal Forms client, log in for your accounts and then click the Download button to have the Pennsylvania Motion for Summary Judgment on Behalf of Defendant. You can also entry forms you previously saved in the My Forms tab of your own accounts.
If you use US Legal Forms the very first time, refer to the instructions beneath:
- Step 1. Be sure you have selected the form for that proper city/country.
- Step 2. Make use of the Review option to examine the form`s articles. Don`t neglect to read the outline.
- Step 3. Should you be unsatisfied using the form, use the Research field near the top of the display to find other variations of the lawful form web template.
- Step 4. Upon having identified the form you will need, select the Buy now button. Select the costs strategy you prefer and put your references to register to have an accounts.
- Step 5. Process the financial transaction. You can utilize your Мisa or Ьastercard or PayPal accounts to perform the financial transaction.
- Step 6. Select the file format of the lawful form and download it on your system.
- Step 7. Full, modify and print out or signal the Pennsylvania Motion for Summary Judgment on Behalf of Defendant.
Every lawful file web template you get is yours permanently. You may have acces to every form you saved within your acccount. Click on the My Forms segment and pick a form to print out or download again.
Remain competitive and download, and print out the Pennsylvania Motion for Summary Judgment on Behalf of Defendant with US Legal Forms. There are many professional and express-particular forms you may use to your company or personal needs.
Form popularity
FAQ
(4)Response to Motion for Summary Judgment. The adverse party or parties must file a response to the motion for summary judgment within thirty (30) days of service of the motion, as provided in Pa.
A motion for summary judgment must contain only a concise statement of the relief requested and the reasons for granting that relief. The motion should not include any recitation of the facts and should not exceed two pages in length. (d) Statement of undisputed material facts.
Motion for Dismissal. ([A]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 1034 - Motion for Judgment on the Pleadings (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings.
Rule 1035.2 sets forth the general principle that a motion for summary judgment is based on an evidentiary record which entitles the moving party to judgment as a matter of law. The evidentiary record may be one of two types.