This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
Wyoming Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Summary Judgment On Behalf Of Defendant?
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FAQ
A claimant can apply for summary judgment once the defendant has filed either an acknowledgment of service, or a defence, or if the court otherwise grants permission. A defendant can only apply for summary judgment after it has filed either an acknowledgement of service, or a defence.
Rule 56 - Summary judgment (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought.
Rule 54 - Judgment; costs (a) Definition; Form. ''Judgment'' as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master's report, or a record of prior proceedings.
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.
Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.
The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.
Rule 56 - Summary judgment (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought.
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 matter of law.