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Lawrence D. Gorin
Lawrence D. Gorin, Lawyer.
Category: Legal
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Are there templets anywhere for a motion for summary judge

Customer Question

Are there templets anywhere for a motion for summary judgement?
Submitted: 4 years ago.
Category: Legal
Expert:  Lawrence D. Gorin replied 4 years ago.
ANSWER:
Yes. CLICK HERE for information re civil motion in the the Utah state courts.

The text to be used in your Motion for Summary Judgment, CLICK HERE.

More info......

Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact. In other words, when there is no dispute over the material facts relating to a civil law suit, but the parties disagree as to how the law should apply to those facts, a judge may make a ruling prior to trial that can end the case. Used appropriately, a Utah motion for summary judgment can help reduce the time and expense involved in a civil suit.

In order to support a motion for summary judgment under Utah law, the party making the motion must demonstrate that there are sufficient undisputed facts to establish that a judgment as a matter of law is appropriate. The facts supporting the motion for summary judgment must be apparent from the pleadings, depositions, answers to interrogatories, and admissions filed with the court. In some cases, additional affidavits may be necessary to establish the facts supporting a motion for summary judgment.

If a party is opposing a motion for summary judgment in a Utah civil lawsuit, that party cannot merely rely on the allegations or denials that were made in the initial complaint or answer. Instead, the opposing party must respond by presenting affidavits or other forms of evidence that demonstrate that there is an actual dispute as to facts that are material to the case. Under Rule 7 of the Utah Rules of Civil Procedure, any fact set forth by the party making the motion will be deemed admitted for purposes of summary judgment unless it is controverted by the opposing party.

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Customer: replied 4 years ago.
Wow! So thorough! Can you answer one more for me? I am sorry but we are Pro-Se and have trial tomorrow (we have had 4 days thus far). We just had the opposing counsel commit what we consider to be a criminal act against us - we are righting a motion for summary judgement (they have absolutely not one piece of material fact), but have to have it before the judge in the morning. Is there is a motion we can attach to it to say that it is an emergency?
Expert:  Lawrence D. Gorin replied 4 years ago.
Further Answer:

If you are in trial right now, it is too late for a Motion for Summary Judgment under URCP 56. A summary judgment judgment is used to obtain a judgment PRIOR to trial, and avoid the need for any trial to occur.

At this point, your recourse is to wait until the close of plaintiff's case (and again at the end of your presentation of evidence) and the stand up and tell orally tell the judge tht you move for a directed verdict, as allowed under UCRP 50(a):

----> Motion for directed verdict; when made; effect. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific ground(s) therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury.

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Customer: replied 4 years ago.
Relist: Other. There has to be a way to stop a trial. There is an emergency. I need the judge to know it and know the facts now. There has to be something like a summary judgement that can be filed mid-trial.
Expert:  Lawrence D. Gorin replied 4 years ago.
Still Further Answer......
When you next get to court and the judge takes the bench, before anything further occurs, just stand up and say "Your Honor, before proceeding further with the tiial, I have a matter for the court that I believe needs to be immediately addressed."

The judge will then listen to what you have to say. (If you are involved in a jury trial, this should be done outside the presence of the jury.)

LDG