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.
A Motion for Summary Judgment is a legal procedure utilized in North Carolina when a plaintiff believes that the facts of a case are undisputed, and they are entitled to judgement in their favor as a matter of law. This motion is specifically filed in breach of contract cases, where one party alleges that the other party failed to uphold their contractual obligations. By filing a Motion for Summary Judgment, the plaintiff seeks a ruling from the court which would essentially determine the case without the need for a trial. In North Carolina, there are two types of Motions for Summary Judgment that a plaintiff can file in breach of contract cases: Motion for Partial Summary Judgment and Motion for Summary Judgment. 1. Motion for Partial Summary Judgement: In certain instances, the plaintiff may only seek a judgement on a specific portion or issue of the breach of contract case. For example, if a contract contains multiple provisions or if there are various alleged breaches, the plaintiff may file a Motion for Partial Summary Judgment to address a particular breach or seek a ruling on a specific issue of the case. This motion aims to resolve a portion of the dispute and streamline the litigation process. 2. Motion for Summary Judgement: This is the more common type of motion filed by the plaintiff in a breach of contract case. It seeks a complete resolution of the case, requesting the court to rule in favor of the plaintiff and against the defendant on all issues. The motion asserts that there are no genuine material factual disputes and that the plaintiff is entitled to judgement as a matter of law based on the contract's terms and the evidence presented. The purpose of filing a Motion for Summary Judgment is to avoid a lengthy trial when there is no real dispute over the relevant facts and the plaintiff firmly believes they are entitled to a judgement in their favor. To support their motion, the plaintiff must compile relevant evidence such as the contract itself, any related documents, correspondence, and other evidence demonstrating the defendant's failure to fulfill their contractual obligations. Using keywords such as North Carolina, Motion for Summary Judgment, Plaintiff, Breach of Contract, laws, procedures, legal requirements, undisputed facts, judgement as a matter of law, Motion for Partial Summary Judgment, Motion for Summary Judgment, evidence, contractual obligations, and trial will help in generating relevant content for a detailed description of the different types of North Carolina Motion for Summary Judgment by Plaintiff for Breach of Contract.
