The Motion for Summary Judgment is essentially one side saying there is no argument over the material facts or the other side is unable to reasonably prove their argument.
431(7) The trial court shall rule on all motions within 30 days after their submission, unless it extends the time for reasons stated of record.
1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.
A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person.
1.904(1) Findings; conclusions; judgment. The court trying an issue of fact without a jury, whether by equitable or ordinary proceedings, shall find the facts in writing, separately stating its conclusions of law, and direct an appropriate judgment.
A party desiring to take the deposition of any person upon oral examination by telephonic means shall give reasonable notice thereof in writing to every other party to the action.
A party against whom a claim, counterclaim, cross-petition or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in that party's favor as to all or any part thereof.
Rule 55(a) authorizes the entry of default when the opposing party has "failed to plead or otherwise defend". The language includes a defendant's complete failure to file any papers at all, as well as his failure, after filing an appearance, to file an answer.
An attorney or party who serves a subpoena “must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.” Iowa R. Civ. P. 1.1701(4)(a).
972(2)Application.
No default shall be entered unless the application contains a certification that written notice of intention to file the written application for default was given after the default occurred and at least ten days prior to the filing of the written application for default.
A genuine issue of material fact is a disagreement between opposing parties on facts legally relevant to a claim.
The joint statement of undisputed material facts shall be filed separately from the memoranda of law. It shall include citations to admissible evidence supporting each undisputed fact (i.e. the line, paragraph, or page number where the supporting material may be found in the record).
Under the new rule, pursuant to Rule 1.150(b), Florida Rules of Civil Procedure, a motion for summary judgment must be served at least 40 days before a hearing on the motion and a response must be served 20 days before a hearing on the motion.
Any party resisting the motion shall file and serve a resistance within 15 days, unless otherwise ordered by the presiding officer, from the date a copy of the motion was served.
In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.
Affirmative Defenses Definition
Iowa law also provides certain “affirmative defenses” to those accused of committing crimes which include alibi, insanity, diminished responsibility, intoxication, entrapment, and justification.
A “motion to quash” is a request to the court to end enforcement of a court order or declare the order invalid. Sometimes parties desire to quash an injunction, subpoena, guilty plea, garnishment, or order for mandatory income withholding that has been filed against the person.
A Motion to Compel asks the judge to order the opposing party to answer the discovery inquiry more fully or appropriately. If the judge grants the motion the opposing party may be required to pay the attorney fees associated with the delay due to the objections.
The elements of an unjust enrichment claim are: 1) “[a] benefit conferred upon the defendant by the plaintiff”; 2) “appreciation by the defendant of such benefit”; and 3) “acceptance of such benefit under such circumstances that it would be inequitable for him to retain the benefit without payment of the value thereof. ...
Under Rule 33, a party has thirty days as of right to answer interrogatories. Upon his failure to answer, the interrogating party may file a verified application, which in turn causes the clerk to notify all parties that unless answers are filed within an additional 30 days, a dismissal or judgment shall be entered.
Rule 68 clearly identifies the party entitled to make an offer of judgment. The federal rule permits any "party defending against a claim" to make such offer. This phrase has been interpreted as covering by its express terms either an original defendant or a plaintiff defending against a counterclaim.
A person who is subject to service of process shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties, or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as ...
Subject to rule 1.509(4), each side may serve no more than ten interrogatories on any other side. (2) Production of documents. In addition to document disclosures required under rule 1.500(1)(a), each side may serve no more than 10 requests for production on any other side under rule 1.512. (3) Requests for admission.
An injunction may be obtained as an independent remedy by an action in equity, or as an auxiliary remedy in any action. In either case, the party applying therefor may claim damages or other relief in the same action.
notification of the hearing time and place through the Iowa Judicial Branch Electronic Document Management System (EDMS). 1. You must electronically file this Appearance and Answer using EDMS at https://www.iowacourts.state.ia.us/EFile unless you obtain from the court an exemption from electronic filing requirements.