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Virginia Motion for Summary Judgment by Plaintiff for Breach of Contract

Category:
Civil Procedure - Motions - Summary Judgments
State:
Multi-State
Control #:
US-01922BG
Format:
Word
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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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  • Preview Motion for Summary Judgment by Plaintiff for Breach of Contract
  • Preview Motion for Summary Judgment by Plaintiff for Breach of Contract

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

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FAQ

In any action at law or equity at the close of all the evidence, any party may move for a summary judgment upon the entire case or upon any severable issue including the issue of liability alone although there is a genuine issue as to damages.

Any party may demand a trial by jury of any issue triable of right by a jury in the complaint or by (1) serving upon other parties a demand therefore in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to the issue, and (2) filing the ...

Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.

"The elements of a breach of contract action are (1) a legally enforceable obligation of a defendant to a plaintiff; (2) the defendant's violation or breach of that obligation; and (3) injury or damage to the plaintiff caused by the breach of obligation." Filak v. George, 267 Va.

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...

Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings.

The year-and-a-day-rule is a common law rule providing that no defendant can be convicted of murder unless his victim dies by the defendant's act within a year and a day of the act. 1 If the death does not occur within this period, the law will conclusively presume that the death is the result of intervening causes.

Rule . Pretrial Conferences. In cases set for trial for five days or more, upon request of any counsel of record, made at least 45 days before trial, the court must schedule a final pretrial conference within an appropriate time before commencement of trial.

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