Puerto Rico Order Denying Plaintiff's Motion for Partial Summary Judgment on the Issue of Liability

State:
Multi-State
Control #:
US-PI-0054
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample order denying plaintiff's request for summary judgment in plaintiff's favor on the issue of liability in a personal injury case involving an automobile accident.

How to fill out Order Denying Plaintiff's Motion For Partial Summary Judgment On The Issue Of Liability?

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FAQ

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.

In some instances, the evidence presented in a claim is enough to allow for summary judgment. In a prima facie case, the facts established are sufficient enough to prove that the defendant's actions support the plaintiff's claims of injury.

When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied. Thus, denials of summary judgment up the ante in the litigation game.

There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defense's evidence.

Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.

Aguilar instructs that a party moving for summary judgment bears "an initial burden of production to make a prima facie showing that no triable issue of material fact exists." If that burden is met, the burden shifts to the opposing party to produce sufficient evidence to make a prima facie showing of a triable issue ...

If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.

Although the law is clear that only admissible evidence may be considered on summary judgment, that does not mean that the material must be presented in a form that would be admissible at trial. Affidavits and declarations are the classic examples.

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Puerto Rico Order Denying Plaintiff's Motion for Partial Summary Judgment on the Issue of Liability