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.
Tennessee Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0052
Format:
Word;
Rich Text
Instant download
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How to fill out Motion For Partial Summary Judgment On The Issue Of Liability?
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FAQ
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.
Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.
While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.
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.
What Is a Partial Summary Judgement? In some cases, the court may grant a motion for partial summary judgment. The purpose of partial summary judgment is to simplify a trial by ruling on some claims, but not all. For example, the court might rule on some factual issues but leave others for trial.
Rule 56.04 When a trial court is asked to rule on a motion for summary judgment, it must make two distinct inquiries and come to two distinct legal conclusions before it can grant the motion.
In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.
Summary Judgment in Practice as a Defense Tactic The defense motion for summary judgment can take many forms. For example, in a medical malpractice lawsuit, the defense may file for summary judgment on the question of liability, arguing that no reasonable jury could find the defendant was negligent.