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The document is a legal motion filed by the plaintiff in a Minnesota District Court seeking summary judgment against the defendants for defaulting on two notes and a modification agreement. The plaintiff asserts that they are entitled to recover the owed balance, interest, attorneys' fees, and court costs based on evidence provided, including certified copies of pleadings and affidavits demonstrating the debt and default. The motion argues that the defendants do not deny their execution of relevant documents, thereby supporting the plaintiff's claim.

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What is the purpose of a motion for summary judgment?

Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. Show that a dispute exists on a material fact. Show that the law does not support judgment on the undisputed facts.

Why would summary judgment be denied?

It is established that although there is no discretion to enter summary judgment when there is a genuine issue as to any material fact, there is discretion to deny summary judgment when it appears that there is no genuine issue as to any material fact.

How often are summary judgments overturned?

Take summary judgment motions seriously. They can end your case and just because the standard of review on appeal is de novo, dont assume that will help you. Appellate court judges themselves estimate that only about 35% of the summary judgments granted are reversed on appeal.

Is it hard to win a summary judgement?

The odds of winning a summary judgment, known as the grant rate, vary widely by case type. The most common grant of summary judgment is in Title VII and employment cases. These are granted in whole in 49.2% of cases, in part in 23.3% of cases, and denied in 27.5% of cases.

What is the burden of proof for summary judgment?

The plaintiffs burden on summary judgment is to produce admissible evidence on each element of a cause of action entitling them to judgment. (Code Civ.