This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Completing the “additional facts” section of the separate statement, then the response to the defendant's separate statement, and then the memorandum of points and authorities is, in my opinion, the most effective method of opposing a summary-judgment motion.
Can an order for summary judgment be set aside or varied? Yes. The court has general case management powers to set aside or vary the terms of an order for summary judgment, either in response to an application made by one of the parties or of its own initiative.
Once the Judgment is entered, the winner should serve a copy of the Judgment with "notice of entry" on the loser. This service starts the loser's time to appeal running.
To request summary judgment, a party must file a motion in writing. The party filing the motion is known as the “moving party.” The party responding to the other party's motion is known as the “non-moving party.” For information on motions generally, please refer to A Guide to Motions for Unrepresented Complainants.