This form is a sample response by the defendant to the plaintiff's motion for partial summary judgment on the issue of liability.
Iowa Defendant's Response to Plaintiff's Motion for Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0055
Format:
Word;
Rich Text
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FAQ
Get a Fair Hearing in Court Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.
Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
An attorney can issue a subpoena without a court file being opened, but if the clerk issues a blank subpoena, a court file must be opened and will collect a $50 fee. Rule 1.1702(5). A court file will also be opened for any motions relating to the subpoena and the clerk will collect a $50 fee then as well.
The definition of the term summary judgment is when judgment is decided by a court against one party and for another party despite the lack of a full trial.
Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law. "Material fact" refers to any facts that could allow a fact-finder to decide against the movant.
In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.
In Iowa, a Motion for Summary Judgment can be filed by either party up to 60 days prior to the date the case is set for trial unless otherwise specified by the court. If resisting the motion, the opposing party should file a resistance within 15 days of the motion being served, unless ordered otherwise by the court.
