Virginia Order Denying Plaintiff's Motion for Partial Summary Judgment on the Issue of Liability

State:
Multi-State
Control #:
US-PI-0054
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample order denying plaintiff's request for summary judgment in plaintiff's favor on the issue of liability in a personal injury case involving an automobile accident.

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FAQ

"However, if the judgment is void, it may be attacked in any court at any time. A void judgment is one that has been procured by fraud or entered by a court that lacked either subject matter or personal jurisdiction." Key Bank & Tr. v. Myers, 49 Va.

Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.

Summary Judgment. Any party may make a motion for summary judgment at any time after the parties are at issue, except in an action for divorce or for annulment of marriage.

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of. the subject matter, or of the parties, or acted in a manner inconsistent with due. process, Fed.

If the civil warrant was properly served on the defendant and he or she fails to appear on the return date, a ?default judgment? may be entered against the defendant. In this case, the court will enter a judgment for the plaintiff on the trial date based on enough evidence from the plaintiff to support the claim.

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. Thus, denials of summary judgment up the ante in the litigation game.

Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.

Rule . Motion for Summary Judgment. Summary judgment, interlocutory in nature, may be entered as to the undisputed portion of a contested claim or on the issue of liability alone although there is a genuine issue as to the amount of damages.

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Virginia Order Denying Plaintiff's Motion for Partial Summary Judgment on the Issue of Liability