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03-197 RULING ON MOTIONS FOR SUMMARY JUDGMENT AND CROSS MOTIONS - dphhs mt

03-197 RULING ON MOTIONS FOR SUMMARY JUDGMENT AND CROSS MOTIONS - dphhs mt 2025

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The document is a ruling from the Department of Public Health and Human Services of Montana regarding a fair hearing on the substantiation of child neglect and exposure to unreasonable risk against a claimant, who is the biological mother of two children. The Department filed for summary judgment based on collateral estoppel, asserting that the issues had been previously litigated in court. The claimant contested this, arguing violations of due process and seeking to vacate the substantiation. The ruling upheld the Department's substantiation for exposure to unreasonable risk while vacating the substantiation for physical neglect, concluding that due process rights were not violated.

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What are cross motions for summary judgment?

A cross-motion for summary judgment differs from a standard motion in that it not only responds to the initial motion but also asserts that the responding party deserves a ruling in their favor.

What does a motion for summary judgement mean?

Thus, if a plaintiff fails to respond to a motion for summary judgment, on all or a subset of the claims, the Court will order the plaintiff to show cause why the claim should not be considered abandoned.

What is a motion for summary judgment in Montana?

A motion for summary judgment asks the court to decide a lawsuit without going to trial because there is no dispute about the key facts of the case. A case must go to trial because parties do not agree about the facts.

What does cross motion for summary judgement mean?

Definition. A cross-motion for summary judgment is a procedural request filed by a party in response to an initial motion for summary judgment, asking the court to grant summary judgment in their favor on the same issues.