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.
Wisconsin Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal action taken by the plaintiff in a breach of contract case in Wisconsin to request the court to rule in their favor without the need for a trial. This motion is based on the argument that there are no genuine issues of material fact in dispute, and the plaintiff is entitled to judgment as a matter of law. In Wisconsin, there are two types of Motions for Summary Judgment that a plaintiff can file in a breach of contract case: 1. Traditional Motion for Summary Judgment: This motion is filed when the plaintiff believes that there are no genuine issues of material fact in dispute in the case, and they are entitled to judgment as a matter of law based on the evidence and contract provisions. The plaintiff must show that there are no disputed facts that would require a trial and that the contract has been breached by the defendant. 2. Summary Judgment on Affirmative Defense: This motion is filed when the defendant raises an affirmative defense against the breach of contract claim. The plaintiff argues that even if the affirmative defense is valid, it does not alter the fact that the defendant breached the contract, and the plaintiff is entitled to judgment as a matter of law. To support the motion, the plaintiff's attorney needs to present relevant evidence, such as the contract itself, any supporting documentation, and affidavits from witnesses or experts if available, to demonstrate that there are no genuine issues of material fact and that the plaintiff has met all necessary requirements to win the breach of contract claim. Keywords: Wisconsin, Motion for Summary Judgment, Plaintiff, Breach of Contract, summary judgment, genuine issues of material fact, judgment as a matter of law, Traditional Motion for Summary Judgment, Summary Judgment on Affirmative Defense, contract provisions, evidence, affidavits, witnesses, experts, documentation.
