Motion for Summary Judgment: Motion (New York) Notice

A Motion for Summary Judgment is a legal template used in the state of New York for initiating a specific legal process in a case. In legal proceedings, it is common for parties involved to file various motions to present their arguments, seek resolutions, or request specific rulings from the court. This specific template, titled "Motion for Summary Judgment: Motion (New York) Notice," is designed to enable parties to request a summary judgment from the court.

The term "summary judgment" refers to a legal decision made by the court without the need for a trial, as it is determined that there are no genuine factual disputes to resolve. In other words, if one party believes there are no material facts in dispute, they can file this motion to request the court to make a final decision solely based on the evidence and legal arguments presented.

Typically, the Motion for Summary Judgment template includes sections such as:
1. Case caption and identifying information: This part contains the names of the parties involved, the case number, and jurisdictional details to clearly indicate which court the motion is being filed in.

2. Introduction and background: This section provides a concise overview of the case, highlighting the relevant facts and issues at hand.

3. Statement of undisputed facts: The party filing the motion presents a list of facts that they claim are entirely agreed upon and undisputed by the opposing party. These facts serve as the basis for asserting that the case can be resolved without the need for a trial.

4. Legal argument: Here, the party filing the motion presents their legal arguments, supporting case law, statutes, or any other legal authority that strengthens their position. They explain why, based on the undisputed facts presented, there is no genuine issue to be resolved in a trial, and a summary judgment should be granted in their favor.

5. Request for relief: This final part explicitly states the party's request to the court, asking for a summary judgment decision in their favor.

The Motion for Summary Judgment: Motion (New York) Notice template aims to provide a structured format for parties to present their arguments and request a summary judgment in cases being litigated in New York state. It streamlines the process of seeking an early resolution to a legal dispute when there is no genuine factual dispute to be resolved.