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.
A Motion for Summary Judgment is a legal document typically filed by a plaintiff in a breach of contract case in West Virginia. This motion aims to request the court to rule in favor of the plaintiff without the need for a trial, based on the grounds that there are no genuine issues of material fact to be resolved. In West Virginia, there are different types of Motions for Summary Judgment that a plaintiff can file to prove a breach of contract: 1. Traditional Motion for Summary Judgment: This is the standard motion filed by the plaintiff. It asserts that there is no genuine dispute of material facts and that the plaintiff is entitled to judgment as a matter of law. The plaintiff will present evidence such as contracts, correspondence, invoices, or any other relevant documents to support their claim. 2. Motion for Summary Judgment on Affirmative Defense: In some cases, the defendant might raise an affirmative defense, which is a legal argument that, if proven, defeats the plaintiff's claim. The plaintiff can file this type of motion to challenge the validity or sufficiency of the defendant's affirmative defense, aiming to eliminate it and establish their breach of contract claim. 3. Motion for Partial Summary Judgment: If there are multiple claims or causes of action within a breach of contract lawsuit, the plaintiff may file this motion to seek judgment on one specific claim or issue, rather than the entire case. By doing so, the plaintiff can narrow down the issues to be presented at trial, making the process more efficient. In West Virginia, to succeed in a Motion for Summary Judgment for breach of contract, the plaintiff must demonstrate the following: a) Existence of a valid contract: The plaintiff needs to establish that a legally enforceable contract exists between both parties. b) Breach of contract: The plaintiff must prove that the defendant failed to fulfill their obligations as stated in the contract. c) Damages: The plaintiff needs to demonstrate that they suffered financial losses or damages as a direct result of the defendant's breach of contract. It is crucial for the plaintiff to present sufficient evidence, such as contracts, correspondence, witness statements, or expert opinions, to support their claims and demonstrate that there are no genuine issues of material fact in dispute. By filing a West Virginia Motion for Summary Judgment by Plaintiff for Breach of Contract, the plaintiff aims to expedite the legal process, save costs, and achieve a favorable outcome without the need for a trial.
