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

State:
Multi-State
Control #:
US-0007LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Dear [Client's Name], I hope this letter finds you well. I am writing to inform you about an important upcoming event pertaining to your case. We have recently received notice from the court regarding a hearing on the Motion for Summary Judgment filed by the opposing party in your Colorado case. A Motion for Summary Judgment is a legal request made by one party, in this case, the opposing party, asking the court to decide the outcome of the case without going to trial. It asserts that there are no disputed facts and that based on the evidence presented, one party is entitled to judgment as a matter of law. The purpose of this hearing is for both parties to present their arguments and evidence to the judge, who will then decide whether to grant or deny the Motion for Summary Judgment. This decision can have significant implications for your case, as it could potentially lead to the dismissal of some or all of the claims or defenses involved. It is crucial that you understand the importance of this hearing and the potential consequences it may have on the outcome of your case. Therefore, I highly recommend that you review all relevant documents, including any evidence or affidavits we have gathered, to prepare for this hearing adequately. In Colorado, there are no specific subcategories or types of Sample Letters to Clients concerning the Hearing on Motion for Summary Judgment. However, it is essential to consider the following key points when drafting any letter related to this topic: 1. Clearly explain the nature of a Motion for Summary Judgment and its purpose. 2. Emphasize the significance of the upcoming hearing and the potential impact on the case. 3. Encourage the client to thoroughly review all relevant documents, evidence, and affidavits. 4. Remind the client to be prepared to present their arguments and evidence at the hearing. 5. Provide reassurance that our legal team is fully prepared and will be dedicated to protecting their interests throughout the process. Please do not hesitate to contact me if you have any questions or concerns regarding this matter. Your input and participation in the preparation for the hearing are vital for achieving the best possible outcome. Thank you for your continued trust in our firm. We will work tirelessly to secure a favorable result for you. Yours sincerely, [Your Name] [Your Law Firm] [Contact Information]

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FAQ

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.

Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings. However, the court can only consider evidence that would be admissible at trial.

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.

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

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.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

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.

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1This document provides a sample of a motion for summary judgment that sufficiently complies with the requirements of the Practice Standards of Judge Krieger. If the filing party is represented by counsel, the Civil Cover Sheet shall be completed and signed by an attorney of record in the case. A dispute about the AP ...Mar 11, 2010 — RPC 1.15(i)(3)) of the complaint in case number 10PDJ137, but the PDJ denied summary judgment as to the remainder of the claims at issue. During ... Motions for continuances of hearings or trials shall be determined in accordance with Practice Standard 1-15 and shall be granted only for good cause. Feb 22, 2023 — A motion for summary judgment does not allow the court to decide issues of fact, but to examine the pleadings and proof to determine if a trial ... The first is by applying to the Judgment Clerk in the County Clerk's Office. This ... If the motion papers are in proper form and there is no opposition from ... Rule 10. Form and Quality of Pleadings, Motions and Other Documents ........... Rule 11. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party ... Jul 1, 2023 — Each party may file no more than one motion for summary judgment under rule 1.981. The motion may include more than one ground authorized ... The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure ...

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