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.
The Washington Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal document used in the state of Washington to request a summary judgment in favor of the plaintiff in a breach of contract case. This motion seeks to have the court make a ruling without going to trial, based on the evidence and arguments presented by the plaintiff. In Washington, there are two different types of motions for summary judgment that can be filed by a plaintiff in a breach of contract case: 1. Traditional Motion for Summary Judgment: This type of motion is filed when there are no genuine issues of material fact in the case, and the plaintiff believes that they are entitled to judgment as a matter of law. The motion will include a detailed memorandum of law, supporting affidavits, and any other evidence necessary to establish that there is no dispute as to the material facts and that the plaintiff is entitled to judgment. 2. CR 56 © Motion for Summary Judgment: This type of motion is filed when there is a genuine issue of material fact in dispute, but the plaintiff argues that they are still entitled to judgment as a matter of law. The motion will include a memorandum of law, affidavits, and other evidence to support the plaintiff's position and to show that there is no genuine issue of material fact that would require a trial. In both types of motions, the plaintiff must demonstrate that there is no genuine issue of material fact, and that judgment should be granted in their favor based on the applicable law and the evidence presented. The motion will typically include a statement of facts, legal arguments, supporting case law, and any other relevant information that supports the plaintiff's position. Keywords: Washington, Motion for Summary Judgment, Plaintiff, Breach of Contract, Types, Traditional Motion for Summary Judgment, CR 56 © Motion for Summary Judgment, Genuine Issue of Material Fact, Memorandum of Law, Supporting Affidavits, Evidence, Ruling, Trial, Statement of Facts, Legal Arguments, Case Law.
