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.
Wyoming's motion for summary judgment by plaintiff for breach of contract is a legal procedure initiated by the plaintiff in a legal case where the plaintiff seeks a favorable ruling from the court without going through a trial. This motion is based on the claim that there are no genuine issues of material fact and that the plaintiff is entitled to judgment as a matter of law. In Wyoming, there are two primary types of motions for summary judgment that can be filed by the plaintiff in a breach of contract case: 1. Standard Motion for Summary Judgment: This type of motion is filed when the plaintiff believes that all the facts are clearly in their favor, and there are no disputes over the material facts of the case. The plaintiff will assert that based on the evidence presented, there is no need for a trial as they are entitled to a judgment as a matter of law. Relevant legal keywords that may be included in this motion could be "breach of contract," "summary judgment," "material facts," and "entitlement to judgment." 2. Partial Motion for Summary Judgment: In some breach of contract cases, certain aspects or claims of the case may have undisputed facts, while other claims may still require further litigation. In such instances, the plaintiff may file a partial motion for summary judgment, seeking judgment on specific issues or claims that are not in dispute. This motion focuses on particular breaches of contract and facts that favor the plaintiff's position. The keywords for this motion could include "partial judgment," "breach of contract," "undisputed facts," and "specific claims." Both types of summary judgment motions in Wyoming require the plaintiff to provide supporting evidence, which typically includes affidavits, deposition transcripts, documents, and other admissible evidence that clearly demonstrate why the plaintiff is entitled to judgment. It is crucial for the plaintiff's attorney to successfully argue that there are no genuine disputes over material facts and that based on the contract's terms and applicable law, a judgment in their favor is appropriate. If the plaintiff is successful in their motion for summary judgment, the court may grant judgment in their favor, ending the case without the need for trial. However, if the court determines that there are genuine disputes over material facts or issues that require further litigation, the motion may be denied, and the case will proceed to trial.
