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.
Nebraska Motion for Summary Judgment by Defendant with Notice of Motion is a legal document filed by a defendant in a court case. This motion requests the court to rule in favor of the defendant without going through a full trial, based on the belief that there are no genuine issues of material fact and that the defendant is entitled to judgment as a matter of law. In Nebraska, there are different types of Motions for Summary Judgment by Defendant with Notice of Motion that can be filed, including: 1. Summary Judgment Based on Lack of Evidence: In this type of motion, the defendant argues that the plaintiff has failed to present sufficient evidence to support their claims. The defendant asserts that no reasonable jury could find in favor of the plaintiff based on the evidence provided. 2. Summary Judgment Based on Affirmative Defense: Here, the defendant argues that even if the plaintiff's claims are true, they are not legally sufficient to hold the defendant liable. The defendant assertively presents an affirmative defense that could absolve them of liability. 3. Summary Judgment Based on Statute of Limitations: This type of motion is filed when the defendant believes that the plaintiff's claims are time-barred, as they were not brought within the legally prescribed time limit. The defendant asserts that the statute of limitations has expired, and therefore, the case should be dismissed. 4. Summary Judgment Based on Immunity: In some cases, defendants may argue that they are immune from liability under certain circumstances. They assert that they cannot be held accountable for the plaintiff's claims due to their official capacity, governmental immunity, or other legal protections. When filing a Nebraska Motion for Summary Judgment by Defendant with Notice of Motion, the defendant must provide a detailed explanation of the legal and factual basis for seeking summary judgment. They must outline the specific facts, affidavits, or other evidence that demonstrate there are no genuine issues of material fact that require a trial. It is important for the defendant to effectively utilize relevant keywords and legal terminology when drafting their motion, highlighting specific laws, statutes, precedent cases, and legal arguments to support their position. Additionally, the notice of motion should indicate the date, time, and location of the hearing where the motion will be argued or considered by the court, informing all parties involved.
