Motion for Partial Summary Judgment on the Issue of Liability
Understanding this form
The Motion for Partial Summary Judgment on the Issue of Liability is a legal document used to request that a court grant a partial judgment in favor of the plaintiff regarding liability in a personal injury case related to an automobile accident. Unlike a full summary judgment, this motion specifically addresses the issue of liability, allowing plaintiffs to potentially expedite their case by proving the other party's fault without proceeding to a full trial.
Key components of this form
- Date and location of the criminal trial
- Name of the defendant driver and the charges faced
- Reference to the doctrine of collateral estoppel
- Exhibits supporting the motion, including written discovery and trial transcripts
- Assertion of alternative grounds for liability based on Negligence per se
When this form is needed
This form is typically used in personal injury cases where the plaintiff's case hinges on proving that the defendant driver was at fault for an automobile accident. It can be used when there has been a prior finding of guilt related to the same issue in a criminal trial, or when there is strong evidence of negligence.
Intended users of this form
- Individuals who are plaintiffs in personal injury cases involving automobile accidents
- Lawyers representing clients seeking a summary judgment on liability
- Parties seeking to streamline their legal proceedings by addressing liability early in the case
Steps to complete this form
- Enter the date of the criminal trial and the location where it was held.
- Provide the names of the defendant driver and any co-defendants.
- Attach supporting documents as exhibits, including trial transcripts and written discovery.
- State the legal grounds for the motion, including references to the applicable doctrines.
- Sign and date the completed motion.
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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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.
Common mistakes to avoid
- Failing to include necessary supporting documents or exhibits.
- Not properly citing previous court decisions or relevant laws.
- Overlooking local formatting requirements for motions.
- Missing signatures or dates on the filed document.
Why complete this form online
- Immediate access to a professionally drafted template.
- Ability to fill out and edit the form at your convenience.
- Time-saving compared to drafting a motion from scratch.
- Increased accuracy in legal language and structure.
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FAQ
A motion for summary judgment is a request made by a party asking the court to decide all or part of a lawsuit without going to trial because there's no dispute about the key facts of the case. The party making the motion (called the movant) can be the plaintiff or the defendant.
An issue or case which is decided by summary judgment is not allowed to be presented to a judge or jury at trial.In other words, the motion for summary judgment is a method to decide an issue (or the whole case), without the need for a trial.
N. a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial.
The purpose of a trial is to have somebody the judge or the jury decide what the facts are. If the facts are not in dispute, there is no need for a trial. Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment.
A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you.
If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.
A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial.For example, a court might grant partial summary judgment in a personal injury case on the issue of liability. A trial would still be necessary to determine the amount of damages.
When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.The judge will then rule on the case based on the facts and evidence. A summary judgement can often be beneficial as it potentially skips a lengthy (and costly) court trial.
Partial summary judgment," as used in' this comment, refers to the granting of judgment on a portion of a single claim. It is not used to refer to the granting of judgment on a single claim where more than one claim is presented in a case.
