Alabama Sample Letter to Client concerning Hearing on Motion of Summary Judgment

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Multi-State
Control #:
US-0007LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Dear [Client's Name], RE: Hearing on Motion for Summary Judgment in [Case Name] I hope this letter finds you well. I am writing to inform you about an important development in your case regarding the upcoming hearing on the Motion for Summary Judgment. It is crucial that you understand the details and implications of this event to ensure a favorable outcome. Summary judgment is a legal procedure where either party can ask the court to rule in their favor without going to trial. This motion asserts that there are no genuine disputes of material facts, and the moving party is entitled to judgment as a matter of law. It is a critical juncture in legal proceedings as it can potentially resolve the entire case before reaching trial. As your legal counsel, we have closely reviewed the circumstances of your case and believe that the opposing party has moved for summary judgment. This means they are requesting a final decision in their favor based on the evidence available, without the need for a trial. The court will carefully review the motion, the supporting legal arguments, and the evidence submitted by both parties to determine if a genuine issue of material fact exists. It is important to understand that if the court grants the opposing party's motion for summary judgment, it could result in an unfavorable outcome for you. However, if the court denies their motion, it demonstrates that there are genuine disputes of material fact in your case, necessitating a trial to resolve these issues. In preparation for the hearing, our legal team will meticulously review all the facts, evidence, and legal arguments presented by both sides. We will thoroughly analyze your case to present strong counter-arguments, undermining the opposing party's motion for summary judgment. Our goal is to persuade the court that there are genuine disputes of material fact that must be tried before reaching a final decision. Alabama's law recognizes several types of summary judgment motions, such as: 1. Plaintiff's Motion for Summary Judgment: This motion asserts that the plaintiff is entitled to judgment as a matter of law because there are no genuine disputes of material fact in the case that require a trial. 2. Defendant's Motion for Summary Judgment: This motion requests a judgment in favor of the defendant, arguing that the plaintiff's claims lack merit or fail to establish a genuine dispute of material fact. 3. Cross-Motion for Summary Judgment: In some instances, both the plaintiff and defendant may independently file their own motions for summary judgment, offering varying legal arguments to support that they should prevail as a matter of law. During the hearing, our legal team will present compelling oral arguments and submit relevant evidence to contest the opposing party's motion for summary judgment. We will outline the genuine disputes of material fact and emphasize the need for a trial to properly assess these critical issues. Please be aware that the outcome of the hearing can significantly impact the course of your case. If the court grants summary judgment in your favor, it could lead to a favorable settlement or a quicker resolution of the matter. However, if the motion is granted for the opposing party, we will carefully evaluate all available options, including filing an appeal if appropriate. Rest assured that our team is dedicated to protecting your legal rights and interests. We will diligently work to build a strong defense against the opposing party's motion for summary judgment and strive for the best possible outcome in your case. If you have any questions or concerns regarding the upcoming hearing, please do not hesitate to contact our office. We will be more than happy to address any issues and provide the necessary guidance. Thank you for your continued trust and cooperation. Sincerely, [Your Name] [Your Law Firm's Name] [Contact Information]

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FAQ

The outcome of a summary judgment application will be one of: Judgment in favour of the applicant. Striking out or dismissal of the claim.

The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.

The main disadvantage of summary judgment is that a Defendant need only create a smokescreen in order to successfully avoid summary judgment. The court will not analyse the issues in any great detail and so an application will only be successful if a case is overwhelmingly in your favour.

1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.

Apply each legal argument to the facts stated in the undisputed facts section, and explain why under the law and the facts summary judgment should be granted. In one paragraph, reiterate why summary judgment should be granted on each count of the complaint.

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.

Ing to Federal Judicial Center research, summary-judgment motions are filed in 17% of federal cases.

More info

I need help write a response to a summary judgment motion. Alabama. We need to respond to the motion. We are going after. Expert's Assistant chat img. Customer: ... Aug 17, 2015 — Always check with the judge but normally the rule is to file your written response at least two (2) business days before the hearing date. And ...Oct 19, 2022 — At the hearing, the court considers evidence that some or all facts of the case have not been disputed. This guide is designed to help anyone who is suing or being sued in small claims court. This guide answers questions people frequently ask, and it describes ... Oct 31, 2016 — Keep in mind that this guide will not answer all of your questions about how to represent yourself in a lawsuit. Instead, it summarizes basic ... Aug 8, 2017 — After CGI filed its Motion for Summary Judgment on or about April 13, 2017, a document purporting to be a "Termination of Administrative ... After the circuit court reviewed the deposition testimony in support of the Motion for Summary Judgment, and the arguments of counsel at the motion hearing ... AlaFile is a web-based application designed to allow registered users to file and receive service copies of court documents electronically. It creates a more ... Feb 10, 2022 — If a dispositive motion is submitted and the judge dismisses all claims, the written decision is a judgment. The judgment is final and concludes ... by SB Smith · Cited by 1 — Most cases these days go out on summary judgment—usually on a cold paper record. Don't forget that the trial court can take live testimony on dispositive ...

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Alabama Sample Letter to Client concerning Hearing on Motion of Summary Judgment