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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 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 her due process rights 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 was not violated.

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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 is required for motion for summary Judgement?

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

How do I argue against 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.

What are cross motions for summary judgment?

Example: If one party files a motion for summary judgment, the other party may file a cross-motion for summary judgment. This means that both parties are requesting the same relief from the court, but with different arguments or evidence to support their position.

How do I disagree with a motion?

If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other sides request.

What are the odds of winning a summary Judgement?

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 to oppose a motion for summary judgement?

Get a Fair Hearing in Court 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.