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This document is a formal request filed in a Colorado County or District Court by a plaintiff or petitioner seeking a summary judgment on specific claims without the need for a trial, asserting that there is no genuine issue of material fact that warrants litigation.
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A motion for summary judgment is a legal request made to the court by a party in a lawsuit, asking the court to rule in their favor based on the evidence presented, without proceeding to a full trial. It asserts that there are no genuine disputes of material fact and that the moving party is entitled to judgment as a matter of law.
Typically, either party in a lawsuit can file a motion for summary judgment, but it is usually filed by the party who believes that the evidence is overwhelmingly in their favor and wants to expedite the legal process by avoiding a trial.
To fill out a motion for summary judgment, one must complete a standard form or draft a document that includes the title of the case, a statement of the grounds for the motion, supporting evidence, legal arguments, and a request for the specific relief sought. It's important to follow the court's rules regarding format and content.
The purpose of a motion for summary judgment is to resolve a case quickly by eliminating the need for a trial when there are no material facts in dispute and one party is entitled to judgment as a matter of law, thereby saving time and resources for both the court and the parties involved.
The motion for summary judgment must include the case caption, a statement of undisputed material facts, supporting affidavits or evidence, legal arguments citing relevant laws, and a conclusion requesting specific relief. Additionally, it should contain a notice of motion and any required certificates of service.
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