Wyoming Motion for Summary Judgment by Plaintiff for Breach of Contract

State:
Multi-State
Control #:
US-01922BG
Format:
Word
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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.

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FAQ

4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

The summary judgment rule, Rule 56, provides in substance that any party, claimant or defendant, may have a summary judgment upon motion if he is entitled to a judgment as a matter of law, there being no genuine issue as to any fact material to the controlling legal issues.

A breach of contract is when one party to the contract doesn't do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue.

Elements Needed to Prove Breaches Proof you performed your obligations under the terms of the contract or, alternatively, proof you were justified in not doing so. Proof the defendant failed to perform their obligations under the terms of the contract. Proof you suffered damages due to the defendant's breach.

The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.

Minor Breach. ... Material Breach. ... Anticipatory Breach. ... Fundamental Breach. ... Actual Breach.

The primary solutions are damages, specific performance, or contract cancellation and restitution.

In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.

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by IV Parties — ... Summary disposition precluded. —. When a jury trial has been requested, the ''fact dependent'' nature of the first two elements of promissory estoppel precludes ... Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. W.R.C.P. 56(c); ...Sep 21, 2021 — Unless a different time is set by chancery court order otherwise, a party may file a motion for summary judgment at any time. (c) Procedures ... Each motion for summary judgment shall include a statement of the material facts of record as to which the moving party contends there is no genuine issue of ... trict court issued its Order Denying Plaintiff 's Motion for Summary Judgment, Granting Defendant's Motion for Summary Judgment, ruling in WY Plaza's favor. Aug 20, 2021 — The court granted summary judgment to Defendant James on his quiet title claim, and it granted both Defendants summary judgment on Plaintiffs' ... Jan 10, 2018 — The only discovery permitted prior to. Wyoming's motion for summary judgment was primar- ily on the question of liability. The Case Management. The Chamber denied the allegations of the complaint and filed a counterclaim seeking damages for Wilder's negligent breach of his employment duties; breach of ... The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a ... Jan 19, 2022 — summary judgment on four of its counterclaims: breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment ...

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Wyoming Motion for Summary Judgment by Plaintiff for Breach of Contract