Sample Letter for Response in connection with Motions for Summary Judgment
About this form
This Sample Letter for Response in connection with Motions for Summary Judgment is a template crafted to assist parties in responding to motions for summary judgment in legal proceedings. It provides a structured format to clearly communicate the position regarding any disputes of fact surrounding the case, making it distinct from other legal forms aimed at different pre-litigation or litigation scenarios.
Main sections of this form
- Date of the letter
- Recipient's name and contact information
- Confirmation of understanding concerning factual disputes
- Summary of the verbal communication with the opposing attorney
- Statement regarding the lack of basis for disputing the motion
When this form is needed
This letter is typically used during civil litigation when one party has filed a motion for summary judgment. It is appropriate to use this form to address that motion, particularly when there is an understanding that no material facts are disputed, allowing for a faster resolution of the case without a trial.
Intended users of this form
- Individuals or entities involved in a legal dispute
- Attorneys representing clients in civil litigation
- Parties responding to motions for summary judgment
- Those who need to clarify factual issues in legal proceedings
Instructions for completing this form
- Enter the date of drafting the letter
- Provide the recipient's name, company, and address
- Articulate your understanding of the factual disputes based on conversations
- Simplify the content to reflect what you confirmed with the opposing attorney
- Conclude with a statement clearly indicating the lack of a dispute regarding the motion
Does this document require notarization?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Mistakes to watch out for
- Failing to include the date of the letter
- Using unclear language that could confuse the recipient
- Not confirming details with the opposing counsel before sending
- Ignoring state-specific requirements for legal correspondence
Advantages of online completion
- Easy access to download and edit the form as needed
- Convenience of filling out the form at any time
- Reliable templates created by licensed attorneys
- Secure and efficient way to ensure legal documents are prepared properly
Form popularity
FAQ
The response to the Motion must be filed at least 7 days prior to any hearing. The Response should contain an affidavit specifically creating a fact issue in the case.
If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.
If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.
The key to defeating a motion for summary judgment is to show the court that there are still facts in dispute. Summary judgment is only appropriate if none of the facts are disputed.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
The response to the Motion must be filed at least 7 days prior to any hearing. The Response should contain an affidavit specifically creating a fact issue in the case.
Stated different, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
