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South Carolina
Motion for Summary Judgment by Plaintiff for Breach of Contract

South Carolina Motion for Summary Judgment by Plaintiff for Breach of Contract

Category:

Civil Procedure - Motions - Summary Judgments

State:

Multi-State

Control #:

US-01922BG

Format:

Instant download

Description

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.

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How to fill out Motion For Summary Judgment By Plaintiff For Breach Of Contract?

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FAQ

Summary Judgment Motions The Court will grant Summary Judgment ? i.e., either siding with the plaintiff and granting Judgment on their claim, or siding with the defendant and dismissing the claim ? if the Court is satisfied that there is no genuine issue requiring a trial.

Contract actions in South Carolina are time-barred after three years has passed. S.C. Code Ann. § 15-3-530 provides that ?an action upon contract, obligation, or liability, express or implied?? must be brought within three years of the time the cause of action accrues.

Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to prevail if the matter were to proceed to trial. The court must consider all designated evidence in the light most favorable to the party opposing the summary judgment motion.

If the Court grants the full motion, the moving party obtains an appealable final judgment. On the other hand, if the judge grants summary judgment on only some claims, the order is not an appealable final judgment because some remaining claims/defenses in the case must be resolved.

Rule 56 of the S.C. Rules of Civil Procedure allows a party to request the Court to grant judgment without a trial. It is requested by filing a Motion for Summary Judgment. The Court may grant summary judgement if there is "no genuine issue of material fact" for a judge or jury to decide on.

Summary judgment is a pre-trial motion, JMOL is an in-trial or post trial motion. JMOL in some state courts is called a motion for a directed verdict.

Summary judgment is proper when, after reviewing the motion, supporting affidavits, and the pleadings, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.

South Carolina Motion for Summary Judgment by Plaintiff for Breach of Contract

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