Ohio Motion for Summary Judgment

• Category: Landlord Tenant - Actions
• State: Multi-State
• Control #: US-60929
• Format: Word; Rich Text

Description

Plaintiff moves to have summary judgment entered against defendant in an action concerning a default on an office lease. The Ohio Motion for Summary Judgment is a legal procedure frequently utilized in civil litigation cases. It allows a party to request the court to make a decision in their favor without proceeding to trial. This motion is typically filed after the completion of discovery, when both parties have gathered and presented all relevant information and evidence. By presenting a summary judgment motion, the moving party aims to demonstrate that there are no factual disputes in the case, and no further trial is necessary. In Ohio, there are several types of Motions for Summary Judgment, each suitable for different circumstances. These can be classified as follows: 1. Standard Motion for Summary Judgment: This is the most common type of motion and is filed when the moving party believes that there are no genuine issues of material fact requiring a trial. They argue that the case can be decided based on the law alone. 2. Partial Motion for Summary Judgment: This motion is filed when the moving party seeks a ruling in their favor on only some claims or issues asserted in the case. It aims to resolve specific legal issues before proceeding to trial on the remaining claims. 3. Cross-Motion for Summary Judgment: In situations where both parties believe there is no genuine dispute of material fact, or they agree on the pertinent facts, each may file a cross-motion requesting a summary judgment ruling in their favor. In this scenario, the court must evaluate the competing motions and decide which party prevails, or if further proceedings are necessary. 4. Affidavit-Only Motion for Summary Judgment: Under Ohio Civil Rule 56(C), a party may support their summary judgment motion solely by filing affidavits, rather than relying on other discovery materials such as depositions or interrogatories. This type of motion is particularly useful when extensive evidence has been obtained through the discovery process. 5. Summary Judgment on Pleadings: A motion for summary judgment on the pleadings is made when it can be determined from the face of the pleadings that there are no genuine issues of material fact and that the moving party is entitled to a judgment as a matter of law. It is vital for both the moving and responding parties to present legal arguments and citations to relevant case law, statutes, and rules while drafting the Motion for Summary Judgment. Engaging the expertise of an experienced attorney is strongly recommended ensuring that the motion is properly structured and supported, increasing the likelihood of success.

The Ohio Motion for Summary Judgment is a legal procedure frequently utilized in civil litigation cases. It allows a party to request the court to make a decision in their favor without proceeding to trial. This motion is typically filed after the completion of discovery, when both parties have gathered and presented all relevant information and evidence. By presenting a summary judgment motion, the moving party aims to demonstrate that there are no factual disputes in the case, and no further trial is necessary. In Ohio, there are several types of Motions for Summary Judgment, each suitable for different circumstances. These can be classified as follows: 1. Standard Motion for Summary Judgment: This is the most common type of motion and is filed when the moving party believes that there are no genuine issues of material fact requiring a trial. They argue that the case can be decided based on the law alone. 2. Partial Motion for Summary Judgment: This motion is filed when the moving party seeks a ruling in their favor on only some claims or issues asserted in the case. It aims to resolve specific legal issues before proceeding to trial on the remaining claims. 3. Cross-Motion for Summary Judgment: In situations where both parties believe there is no genuine dispute of material fact, or they agree on the pertinent facts, each may file a cross-motion requesting a summary judgment ruling in their favor. In this scenario, the court must evaluate the competing motions and decide which party prevails, or if further proceedings are necessary. 4. Affidavit-Only Motion for Summary Judgment: Under Ohio Civil Rule 56(C), a party may support their summary judgment motion solely by filing affidavits, rather than relying on other discovery materials such as depositions or interrogatories. This type of motion is particularly useful when extensive evidence has been obtained through the discovery process. 5. Summary Judgment on Pleadings: A motion for summary judgment on the pleadings is made when it can be determined from the face of the pleadings that there are no genuine issues of material fact and that the moving party is entitled to a judgment as a matter of law. It is vital for both the moving and responding parties to present legal arguments and citations to relevant case law, statutes, and rules while drafting the Motion for Summary Judgment. Engaging the expertise of an experienced attorney is strongly recommended ensuring that the motion is properly structured and supported, increasing the likelihood of success.