Motion for Summary Judgment by Plaintiff for Breach of Contract
Overview of this form
The Motion for Summary Judgment by Plaintiff for Breach of Contract is a formal request made to the court by the plaintiff seeking a judgment in their favor without a trial. This motion is used when there are no significant facts in dispute and only legal interpretations are at issue. The key difference between this motion and other court filings is its focus on demonstrating that the law clearly favors the plaintiff based on agreed-upon facts, thereby eliminating the need for a trial. This form is essential for plaintiffs looking to resolve a breach of contract claim efficiently.
What’s included in this form
- Case identification: Includes plaintiff and defendant names with case number.
- Legal basis: Specifies the rule under which the motion is filed and provides grounds for summary judgment.
- Statement of facts: Outlines the facts that support the breach of contract claim.
- Prayer for relief: Details the compensation and legal costs sought by the plaintiff.
- Certificate of service: Confirms proper service of the motion to the defendant's counsel.
- Notice of motion: Informs the court and defendant of the motion hearing date and time.
When this form is needed
This form is appropriate in situations where the plaintiff believes there is sufficient evidence to prove that the defendant breached a contract. It is typically used after all discovery has concluded, meaning all facts and evidence have been gathered. If the plaintiffâs claims are supported by clear and undisputed evidence, they can use this motion to avoid a lengthy trial and seek a prompt resolution from the court.
Who this form is for
- Individuals who are plaintiffs in a breach of contract case.
- Attorneys representing clients in civil litigation related to contract disputes.
- Anyone seeking a legal resolution when there are no material facts in dispute.
Instructions for completing this form
- Identify the parties involved: Enter the names of the plaintiff and defendant, along with the case number.
- Specify the legal rule: Indicate the applicable rule of procedure governing the motion.
- Outline the facts: Clearly state the facts that substantiate your claim of breach of contract.
- Detail damages: Provide the amount of compensatory damages and any other costs sought.
- Complete the certificate of service: Fill out to confirm that the defendantâs counsel has been properly notified.
- Include the notice of motion: Add the date and time of the motion hearing to inform the court and the defendant.
Does this form need to be notarized?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
Common mistakes to avoid
- Failing to include necessary evidence to support the motion.
- Incorrectly stating the legal basis or rule for the motion.
- Omitting the notice of motion or failing to provide proper service.
- Entering incorrect names or case numbers, leading to confusion.
- Failing to adequately detail the damages sought.
Why complete this form online
- Convenience of completing the form at your own pace from any location.
- Editability allows users to customize the form with precise case details easily.
- Accessibility to a reliable legal template crafted by licensed attorneys.
- Immediate download options save time compared to traditional forms.
Form popularity
FAQ
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.
When it comes to summary judgment, plaintiff lawyers are often guilty of forgetting the fact that either party can file one. If you have solid evidence that can't be disputed, you may very well be able to prove your claim without going to trial.
(b) (1) A party may move for judgment on the pleadings.(A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.
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.
2006) (The elements of a breach of contract claim are: (1) the existence of a valid contract; (2) the plaintiff's performance or tendered performance; (3) the defendant's breach of the contract; and (4) damages as a result of the breach.)
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.
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.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
