This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
Virgin Islands Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Motion For Summary Judgment On Behalf Of Defendant?
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FAQ
Motion = when you ask the judge to do something. Summary judgment = when the judge issues a ruling on a legal question for which the facts are not in dispute. Final judgment = a ruling that disposes of the entire case.
A movant is any party that makes a motion in a case, whether the case be civil or criminal. For example, if a plaintiff in a civil case moves for summary judgment, the plaintiff is the movant. [Last updated in June of 2023 by the Wex Definitions Team]
Despite the name ?summary judgment,? the ruling of the court that comes after the filing of a motion for summary judgment is an order, not a final judgment. Unlike the situation of the demurrer?in which it is not necessary to get a final judgment?an order granting summary judgment is not appealable.
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.
A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.