I assume you mean "file." If so, and you plan to do it, it depends on whether you are the plaintiff (the person who sued another party) or the defendant (the person being sued).
(p) For purposes of motions for summary judgment and summary adjudication:
(1) A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that
cause of action or a defense thereto.
If you're the defendant:
(p)
(2) A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
If you want to see some examples, you'll have to figure out where one was filed and then ask the clerk to see the file.
2007-08-25 09:35:28
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answer #1
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answered by Princess Leia 7
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You have to write it. A Motion for Summary Judgment is individual. It reflects the action that you are pursuing by stating that the facts alleged are non-rebuttable and satisfy all necessary elements of your cause of action. You can gain some guidance from the American Jurisprudence 2d Forms Book. Just go to your local law library and ask for it. However, you will have to construct your own motion using those as a model.
2007-08-25 08:11:38
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answer #2
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answered by cyanne2ak 7
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