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A motion asserting that there are no factual issues in dispute in a trial is known as?
motion for summary judgment is when there are no factual disputes to be decided by the jury and a judge can decide the proper law to the undisputed facts and make the decision without jury
What is a 'Motion for Statement of Particulars?
A Motion for Statement of Particulars is a formal request made by one party to the court asking the other party to provide more specific details about their claims, defenses, or allegations in a legal case. This is done to clarify the issues in dispute and to ensure a fair opportunity to respond.
What does reply in opposition to the motion means?
A reply in opposition to the motion is a legal document filed by one party in response to a motion filed by another party. It presents arguments and evidence to oppose the relief sought in the motion and highlights reasons why the court should deny the motion. It is a way for the opposing party to challenge the legal basis or factual assertions of the original motion.
How do I answer a summary judgment when I don't dispute the claim?
You don't need to "answer" a judgement, you just need to comply with it. If you mean that there's a motion for summary judgement and you agree with the proposed judgement, then again, just go ahead and do it. If you mean there's a motion for summary judgement and you can't dispute the claim but you do take issue with the proposed judgement, then get a lawyer.
How do you write a garnishment dispute letter?
The procedure would be to file a motion in the court where the garnishment was ordered to request the writ of garnishment be vacated or amended.
What is a motion to abate?
A motion to abate works like a legal pause button. When issues are pending in other courts, a motion to abate suspends the proceeding until other questions are decided.
Does an amended complaint render a motion to dismiss moot?
Yes, an amended complaint can render a motion to dismiss moot because the amended complaint may address the issues raised in the motion to dismiss, making it unnecessary for the court to rule on the motion.
What is the purpose of time and motion studies?
Time and motion studies address the issues of industrial production and efficiency, since they attempt to measure time on task, product quality, and worker safety
What are some troubleshooting steps for resolving issues with a defiant motion security light?
Some troubleshooting steps for resolving issues with a defiant motion security light include checking the power source, adjusting the sensitivity settings, cleaning the sensor, and ensuring proper installation and positioning of the light.
What do you do after a summary judgment has been granted against you?
Recourse? What do you mean by "recourse"? Do you mean what are your options?One option is to do nothing and get a summary judgment against you by default. Not a wise move unless you have no defense to a motion for summary judgment and the moving party does not seek extreme measure from you.You should file a motion in opposition to the motion for summary judgment, putting forth the facts and the law as to why the moving party is not entitled to the granting of a motion for summary judgment.A motion for summary judgment is required to clearly show that given the undisputed facts in the case (facts you have admitted to as being true), the petitioner is entitled to a certain remedy in the form of judgment as a matter of law.So, dispute the facts necessary for them to get summary judgment and dispute the application of the law that they reference as most applicable and appropriate in your case. If you successfully dispute the facts required to get summary judgment and/or you dispute the application of the law that they reference, then their motion for summary judgment will likely fail.AnswerFortunately for you, all reasonable inferences the court must make will be decided in favor of the non-moving party (you). Keep in mind that summary judgment cannot be obtained or defeated by speculation or conjecture alone; there must be specific, concrete facts that establish the claim. If you believe that you are entitled to summary judgment, you may file a cross motion for summary judgment, which details why you are entitled to a summary judgment against the other party. In that case, you will be held to the same standard of proof as the person who is requesting summary judgment against you.
How do I as the defendant file a response to a summary judgment notice?
You will have to file an appropriate affidavit stating the facts that are in dispute and perhaps a brief stating the legal reasons why you feel summary judgment should not be granted. A motion for summary judgment is made by a plaintiff because it contends that it is entitled to judgment as a matter of law because, even giving you all benefits of reasonable inferences and resolving all doubts about the evidence against plaintiff from disputed facts, there are no issues of material fact to support your case. In short, if you are being sued for an unpaid debt and you cannot provide facts to show that you do not owe the debt or that for some reason plaintiff is not entitled to collect, then summary judgment will be granted against you. So your obligation is to prepare an affidavit showing the specific facts that show that plaintiff is not entitled to judgment. You may have to prepare a legal brief as well, showing, if you can find any, case law that has similar facts where a summary judgment was denied. The most important thing to show is that there are factual issues that are in dispute and would have to be resolved by a jury. Procedurally, you should check the court rules for how to file the Objection to Entry of Summary Judgment. At the least, look for these things: Does the motion for summary judgment have a specific return date for argument. How many days before the return date of the motion do you have to file your papers in opposition. File as the original and as many copies as the rule require. Send a copy of the papers you file to the attorney making the motion. Go to court on the return day of the motion. Here is a tip: It is possible to challenge part of the summary judgment. For example, assume that you cannot dispute that you owe the debt and that you really have no opposition to summary judgment on the debt itself. But plaintiff will probably seek other things as well, like interest, counsel fees and costs. Challenge the computation of those figures. You might not be able to avoid summary judgment on the debt itself but you might avoid it on the other issues. Sometimes, a plaintiff will drop claims for those other things if it gets a summary judgment on the main debt. So it pays to look at each individual item that makes up the total amount of money plaintiff is seeking. Don't think that because you can't dispute the main debt, that you can't object to the other things.
What does motion in limine to preclude evidence about defendants intelligence and alleged history of abuse mean in criminal cases?
It's a motion to stop those issues being brought up in front of a jury.
