Motion for Summary Judgment by Defendant with Notice of Motion
What this document covers
The Motion for Summary Judgment by Defendant with Notice of Motion is a legal document used in civil litigation to seek a court's judgment in favor of the defendant. This motion asserts that there are no significant factual disputes, enabling the court to rule on the case without a full trial. This form follows the "notice pleadings" format set by the Federal Rules of Civil Procedure, making it widely applicable across various jurisdictions.
Form components explained
- Caption section detailing the court and case information.
- Identification of the defendant and their legal representative.
- Statement asserting the lack of genuine issues of material fact.
- List of evidence supporting the motion, including affidavits and a memorandum of authorities.
- Prayer for relief, which outlines what the defendant seeks from the court.
- Certificate of service confirming delivery of the motion to the plaintiff's attorney.
When to use this form
This form is used when a defendant believes that there are no factual disputes that require a trial, and they wish to request a judgment in their favor. Common scenarios include cases where the plaintiff cannot provide sufficient evidence to support their claims, or when the law clearly favors the defendant. Utilizing this motion can expedite the resolution of legal disputes and reduce litigation costs.
Who should use this form
- Defendants in civil lawsuits looking to dismiss claims against them.
- Attorneys representing defendants in court proceedings.
- Individuals or organizations seeking to protect their legal rights without undergoing a full trial.
Completing this form step by step
- Enter the division and court details at the top of the form.
- Identify the plaintiff and defendant along with their attorneys in the caption section.
- State the motion clearly, including the grounds for summary judgment.
- List and attach any supporting documents and affidavits.
- Sign and date the motion, including the attorney's information and credentials.
Notarization requirements for this form
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to cite specific laws or rules that support the motion.
- Omitting crucial evidence that could demonstrate the absence of material facts.
- Not adhering to the required format or filing guidelines for the specific court.
Why use this form online
- Convenience of accessing and downloading the form at any time.
- Easily editable to suit individual case details.
- Reliability of forms drafted by licensed attorneys, ensuring legal compliance.
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FAQ
It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a MATTER OF LAW. Any party may move for summary judgment; it is not uncommon for both parties to seek it.
Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.
Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
By motion for summary judgment, I'll be referring to motions for summary adjudication as well, which are treated more favorably in federal court than in state courts such as California.Many defendants automatically file a motion summary judgment in every case, even if they don't reasonably expect to win it.
Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.As no oral evidence can be given on a summary judgment application, it will only succeed if the applicant can establish the strength of its case on paper alone.
A motion asking the court to issue summary judgment on at least one claim.Typically, the motion must show that no genuine issue of material fact exists, and that the opposing party loses on that claim even if all its allegations are accepted as true.
When filing a motion for summary judgment, the motion must be filed with supporting evidence. Thus, the party bringing the motion must have conducted discovery and/or submitted evidence to the court following the applicable rules of evidence.
Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.