This form is a sample memorandum by the plaintiff in support of plaintiff's motion for summary judgment on the issue of liability in a case involving an automobile accident.
Arizona Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
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Multi-State
Control #:
US-PI-0053
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Word;
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How to fill out Memorandum Of Law In Support Of Motion For Partial Summary Judgment On The Issue Of Liability?
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FAQ
56(d), the nonmoving party can submit an affidavit that asks for additional time for discovery, which will permit the court to either (1) defer considering the motion for summary judgment (or deny it all together); (2) allow more time for the nonmoving party to obtain additional discovery; or (3) issue any other order ...
Rule 56(c): A party may request a hearing on a summary judgment motion, but the court need not set a hearing if the court determines that the motion should be denied, or if the motion is uncontested. This section keeps the response/reply times of 30/15 days after service, respectively.
The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
For example, Rule 59 discusses a motion to alter or amend a judgment. Rule 60 deals with relief from judgment and Rule 50 of the Arizona Rules of Civil Procedure states: Rule 50. Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings.
In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.
Despite the final ruling, the losing party can still ask the court to reconsider the ruling or grant a new trial. If desired, they can appeal the summary judgment to a higher court for review. However, keep in mind that strict time limits apply to these appeals procedures.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.
If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.