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.
In Washington, a Motion for Summary Judgment by Defendant with Notice of Motion is a legal document filed by the defendant in a civil lawsuit seeking a judgment in their favor based on the absence of genuine issues of material fact. This motion is typically filed when the defendant believes that there are no disputed facts in the case and that the plaintiff's claims have no legal basis. It aims to dispose of the case without the need for a trial, saving time and resources for both the parties involved and the court. Keywords: Washington, Motion for Summary Judgment, Defendant, Notice of Motion, civil lawsuit, genuine issues of material fact, disputed facts, legal basis, dispose of the case, trial, time, resources, court. Different types of Washington Motion for Summary Judgment by Defendant with Notice of Motion may include: 1. Traditional Summary Judgment: This type of motion is filed when the defendant argues that there are no genuine issues of material fact in dispute and that they are entitled to a judgment as a matter of law. The defendant provides evidence supporting their argument and shows that the plaintiff cannot succeed based on the applicable legal standards. 2. Summary Judgment on Affirmative Defense: In this type of motion, the defendant asserts an affirmative defense, a legal argument that offers a justification or excuse for their actions. The defendant argues that even if all the plaintiff's allegations are true, they still cannot prevail because of the affirmative defense, thus requesting a summary judgment. 3. Partial Summary Judgment: This motion is filed when the defendant believes that certain claims or causes of action brought by the plaintiff lack merit and should be dismissed. The defendant seeks a summary judgment only on specific issues rather than the entire case, aiming to narrow down the scope of litigation. 4. Summary Judgment Based on Lack of Standing: If the defendant believes that the plaintiff lacks the legal right or standing to bring the lawsuit, they may file a motion for summary judgment based on this ground. The defendant presents evidence showing that the plaintiff does not have a valid interest in the subject of the lawsuit and thus cannot maintain the action. 5. Dispositive Summary Judgment: This type of motion is filed by the defendant when they believe that they are entitled to a judgment that fully disposes of the case, terminating all claims. The defendant argues that there are no factual disputes or legal issues that need to be resolved through a trial, urging the court to grant a final judgment. By filing a Motion for Summary Judgment by Defendant with Notice of Motion in Washington, the defendant seeks to have the court rule in their favor, effectively ending the litigation before trial. It is a strategic legal tool aimed at saving time, costs, and resources for all parties involved.
