Washington Motion for Summary Judgment by Defendant with Notice of Motion

State:
Multi-State
Control #:
US-00920BG
Format:
Word; 
Rich Text
Instant download

Description

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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FAQ

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

Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial.

If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion. If the party has not appeared before the motion is filed the party may not respond to the pleading nor otherwise defend without leave of court.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

In Washington, a defendant must respond to a complaint within 20 days after being served with the summons and complaint (Wash. Super. Ct. Civ.

The judge will enter an order, which is called the judgment on the default. At that point, the defendant owes the plaintiff the amount of money the court has determined is due to the plaintiff. Essentially the case is done at this point.

Rule 55 of the A.P. Civil Rules of Practice and Circular Orders, 1980 reads as follows : 55 (New) Separate Application for each distinct prayer : There shall be separate application in respect of each distinct relief prayed for.

Motions for Summary Judgment in Washington are requests that a court rule on a case even if the case hasn't been to trial. The benefit of Summary Judgments is that they save clients a ton of money, especially in civil litigation outside of family law cases.

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Washington Motion for Summary Judgment by Defendant with Notice of Motion