Cross Motion Summary Judgment (CMSJ) is a legal procedure where both parties in a case file motions for summary judgment. In a CMSJ, the plaintiff files a motion for summary judgment, seeking a judgment in their favor without a trial. The defendant then responds by filing a cross-motion for summary judgment, seeking the same outcome. The court reviews the evidence and arguments presented by both parties and decides whether there are any genuine issues of material fact that require a trial. If the court finds that there are no genuine issues of material fact, it may grant summary judgment to one or both parties.
The Anatomy of a Cross-Motion Summary Judgment
In a nutshell, cross-motions for summary judgment are dueling requests by both plaintiff and defendant to have the court rule in their favor as a matter of law, without the need for a trial. Each party must file a motion stating why there is no genuine dispute as to any material fact and that they are entitled to judgment as a matter of law.
The Nuts and Bolts
To succeed, you must meet the following criteria:
- Establish that there is no genuine dispute as to any material fact
- Convince the court that you are entitled to judgment as a matter of law
Crafting Your Best Cross-Motion
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Identify the Material Facts: Pinpoint the key facts that are undisputed or not reasonably disputed.
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Address Each Element: For each cause of action or defense, explain why the undisputed facts meet all the legal elements.
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Cite Evidence: Support your assertions with specific evidence from the record, such as depositions, exhibits, or affidavits.
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Anticipate Opponent’s Arguments: Address any potential arguments your opponent might raise and explain why they fail.
Structuring Your Cross-Motion
Memorandum of Law
- Introduction
- State the nature of the motion and explain the factual and legal basis for your position.
- Statement of Material Facts
- List the specific undisputed material facts, citing evidence.
- Argument
- Analyze each cause of action (or defense) and demonstrate why the undisputed facts satisfy the legal elements.
- Address opposing arguments.
- Conclusion
- Sum up your arguments and request that the court grant your motion for summary judgment.
Proposed Order
- Draft an order that reflects your desired outcome, including the specific relief you seek.
Evidence in Cross-Motions
- Affidavits
- Depositions
- Admissions
- Interrogatory responses
- Documents
Table: Key Considerations for Cross-Motions for Summary Judgment
| Feature | Plaintiff | Defendant |
|---|---|---|
| Burden of Proof | Yes | Yes |
| Timing | Can be filed at any time | Typically after the answer is filed |
| Standard of Review | The court will grant judgment if there is no genuine dispute as to any material fact | The court will grant judgment if the plaintiff fails to establish a genuine dispute as to any material fact |
Question 1: What is the purpose of a cross motion summary judgment?
Answer: A cross motion summary judgment is a request by both parties in a lawsuit to have the case dismissed without a trial because there is no genuine dispute as to any material facts and the moving party is entitled to judgment as a matter of law.
Question 2: When can a cross motion summary judgment be filed?
Answer: A cross motion summary judgment can be filed after the pleadings have been closed, discovery has been completed, and the parties have filed their respective motions for summary judgment.
Question 3: What are the grounds for a cross motion summary judgment?
Answer: The grounds for a cross motion summary judgment are the same as for a motion for summary judgment, namely, that there is no genuine dispute as to any material facts and the moving party is entitled to judgment as a matter of law.
Well, there you have it, my friend! I hope this little tour through the mystical wilderness of cross motion summary judgment has been enlightening. If you’re still feeling lost, I suggest grabbing a cup of your favorite beverage, kicking back, and giving this article another shot. And remember, if you ever find yourself in another legal labyrinth, don’t hesitate to drop by. I’ll be here, waiting to guide you through the twists and turns of the judicial maze. So, hasta la vista, amigo! Until next time, stay curious and keep on exploring the fascinating world of the law!