West Virginia Motion for Summary Judgment on Behalf of Defendant

State:
Multi-State
Control #:
US-PI-0269
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.

A motion for summary judgment is a legal procedure used in the litigation process to seek a judgment in favor of the defendant without going to trial. In the state of West Virginia, a defendant can file a motion for summary judgment as a strategic tool to resolve the case early on by presenting undisputed facts and demonstrating there is no need for a trial. This article will provide a detailed description of what a West Virginia Motion for Summary Judgment on Behalf of Defendant entails, explaining its purpose, procedure, and different types. A West Virginia Motion for Summary Judgment on Behalf of Defendant is a legal document filed by the defendant's attorney that aims to request the court to dismiss the plaintiff's claims or the entire case because there is no genuine dispute of material facts and the defendant is entitled to judgment as a matter of law. This motion essentially asserts that even if all the facts are taken in favor of the plaintiff, the defendant should still be granted judgment because the law does not support the plaintiff's claims. To file a Motion for Summary Judgment in West Virginia, the defendant's attorney must thoroughly review the complaint and all evidence presented in the case, including witness statements, depositions, affidavits, documents, and any other relevant materials. Based on this assessment, the attorney will identify any facts that are not genuinely disputed or any legal issues that require a resolution before proceeding to trial. There are two main types of West Virginia Motion for Summary Judgment on Behalf of Defendant: partial summary judgment and full summary judgment. A defendant may file a motion seeking partial summary judgment when they believe certain claims or causes of action asserted by the plaintiff lack merit or are unsupported by the facts. This motion asks the court to dismiss specific parts of the plaintiff's case while allowing the remaining claims to proceed to trial. On the other hand, a defendant may file a motion for full summary judgment if they believe the entire case lacks merit or that no factual disputes exist that would require a trial. This motion argues that the defendant is entitled to an immediate judgment in their favor, and the case should be dismissed entirely. When preparing the Motion for Summary Judgment, the defendant's attorney must follow specific procedural rules and guidelines set forth by West Virginia's court system. These guidelines often include a requirement to provide a concise statement of undisputed material facts, legal arguments demonstrating why the defendant is entitled to judgment as a matter of law, and supporting evidence such as affidavits or expert opinions. Upon filing the motion, the plaintiff will have an opportunity to respond, contesting the defendant's arguments, and presenting their own evidence to show that genuine disputes of material facts exist, necessitating a trial. After both parties present their arguments, the court will evaluate the motion, consider the evidence provided, and make a decision. In conclusion, a West Virginia Motion for Summary Judgment on Behalf of Defendant is a strategic legal tool used to seek a judgment in favor of the defendant without proceeding to trial. It provides a detailed argument, supported by evidence, demonstrating that there are no genuine disputes of material facts and that the defendant is entitled to judgment as a matter of law. Whether seeking partial or full summary judgment, these motions play a crucial role in the litigation process by enabling parties to potentially resolve the case early on and avoid the time and expense associated with a trial.

Free preview
  • Preview Motion for Summary Judgment on Behalf of Defendant
  • Preview Motion for Summary Judgment on Behalf of Defendant

How to fill out West Virginia Motion For Summary Judgment On Behalf Of Defendant?

You are able to devote several hours on the Internet looking for the authorized record format which fits the federal and state specifications you need. US Legal Forms supplies a huge number of authorized kinds that happen to be evaluated by professionals. You can actually obtain or printing the West Virginia Motion for Summary Judgment on Behalf of Defendant from our services.

If you already possess a US Legal Forms profile, you can log in and click on the Download button. Afterward, you can comprehensive, edit, printing, or indicator the West Virginia Motion for Summary Judgment on Behalf of Defendant. Each and every authorized record format you acquire is your own permanently. To get another backup of the acquired develop, visit the My Forms tab and click on the corresponding button.

If you work with the US Legal Forms web site initially, keep to the basic directions under:

  • First, ensure that you have selected the right record format for that state/city of your choice. See the develop explanation to ensure you have picked out the correct develop. If offered, utilize the Review button to appear with the record format also.
  • If you would like locate another model of the develop, utilize the Search field to discover the format that fits your needs and specifications.
  • After you have discovered the format you would like, click Acquire now to carry on.
  • Select the pricing prepare you would like, enter your references, and register for your account on US Legal Forms.
  • Complete the purchase. You should use your bank card or PayPal profile to cover the authorized develop.
  • Select the file format of the record and obtain it to your device.
  • Make modifications to your record if possible. You are able to comprehensive, edit and indicator and printing West Virginia Motion for Summary Judgment on Behalf of Defendant.

Download and printing a huge number of record web templates while using US Legal Forms Internet site, which provides the largest assortment of authorized kinds. Use skilled and state-certain web templates to tackle your company or personal demands.

Form popularity

FAQ

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.

Rule 37 - Failure to cooperate in discovery; sanctions (a)Motion for order compelling discovery. - A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate court.

Section (1) of Rule 37 (a) explains that a party can move for an order compelling disclosure of discovery. However, the motion must include a certification that the petitioner either ?conferred or attempted to confer with the person or party failing to make disclosure or discovery? prior to asking for court action.

- A motion to reduce a sentence may be made, or the court may reduce a sentence without motion within 120 days after the sentence is imposed or probation is revoked, or within 120 days after the entry of a mandate by the supreme court of appeals upon affirmance of a judgment of a conviction or probation revocation or ...

Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

- (1) A defendant shall serve an answer within 20 days after the service of the summons, unless before the expiration of that period the defendant files with the court and serves on the plaintiff a notice that the defendant has a bona fide defense, and then an answer shall be served within 30 days after the defendant ...

Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.

- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not ...

56(F) allow for the trial court to grant a continuance during summary judgment proceedings so that additional discovery may be had to oppose a motion. This is relegated to the sound discretion of the trial court. Fiske v.

Interesting Questions

More info

Defenses and objections – When and how presented – By pleading or motion – Motion for judgment on the pleadings ... Summary Judgment · Declaratory judgments ... Defendant's Motion for Summary Judgment should be granted as Plaintiff has failed to disclose an expert qualified in nursing who holds the opinion that ...A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside  ... The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and ... Since a defendant must file a motion to strike before responding to a pleading, a defendant waives the right to move to strike by filing an answer (W. Va. R ... Currently pending before the court is the Amended Motion for Summary Judgment on behalf of Defendants with Regard to Counts I, III, IV, VI and VIII of ... The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, ... Apr 25, 2011 — ... a motion for summary judgment him or herself, or may be called upon to respond to a motion for summary judgment made by the defendant(s). If ... by RL Bean · 1996 · Cited by 2 — 1971) ("In considering and deciding questions arising in a civil action upon a motion by the defendant for summary judgment for summary judgment the court may ...

Trusted and secure by over 3 million people of the world’s leading companies

West Virginia Motion for Summary Judgment on Behalf of Defendant