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Motion for Summary Judgment

Motion Summary Judgment

Name: Motion for Summary Judgment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.88 (284 reviews)

Category:

Landlord Tenant - Actions

State:

Multi-State

Control #:

US-60929

Format:

Instant download

Description Motion Summary Judgment Template

Plaintiff moves to have summary judgment entered against defendant in an action concerning a default on an office lease.

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Rent Court Judgment Other Form Names

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Motion For Summary Judgment Template FAQ

As the name implies, the motion for summary judgment is a motion filed by one of the parties seeking to obtain a judgment on all or part of the case in a summary fashion. An issue or case which is decided by summary judgment is not allowed to be presented to a judge or jury at trial.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. 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.

Filing an Opposition to a Motion for Summary Judgment A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.

The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.

When filing a motion for summary judgment, the motion must be filed with supporting evidence. Thus, the party bringing the motion must have conducted discovery and/or submitted evidence to the court following the applicable rules of evidence.

Attack the Legal Argument. The first place to look for a weakness in your opponent's motion is at their legal argument. Attack the Evidence. Attack the Separate Statement. Consider Whether Your Opponent's Motion Meets its Burden. Consider Seeking a Continuance to Conduct More Discovery. Conclusion.

Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.

Motion Summary Judgment

Description Motion Summary Judgment Template

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Motion For Summary Judgment Template FAQ

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