[Your Name] [Your Address] [City, State, ZIP Code] [Date] [Judge's Name] [Judge's Designation] [Court Name] [Court Address] [City, State, ZIP Code] Re: Proposed Order Granting Summary Judgment Dear [Judge's name], I am writing in relation to the above-mentioned case, [Case Name], pending before this Honorable Court. As the [Plaintiff/Defendant], I hereby submit this proposed order requesting the Court to grant summary judgment in my favor. I. Background: Provide a clear and concise overview of the case, including the parties involved, the nature of the dispute, and any relevant facts or events leading up to the present situation. Explain why summary judgment is appropriate in this case. II. Standard for Summary Judgment: Explain the legal standard for summary judgment in Connecticut. Mention the applicable Connecticut General Statutes, Rules of Civil Procedure, and relevant case law that support the request for summary judgment. III. Material Facts Not in Dispute: Present a list of uncontested material facts that are crucial to deciding the case. These facts should be supported by relevant evidence, such as affidavits, depositions, or documentary exhibits. Show how these facts demonstrate the absence of a genuine issue of material fact, making summary judgment appropriate. IV. Legal Arguments: Provide a detailed explanation of the legal arguments supporting the request for summary judgment. Analyze the relevant laws, regulations, and court precedents that favor the requested relief. Cite specific cases from Connecticut or federal court, if applicable. V. Counterarguments: Address any potential counterarguments that the opposing party may present. Refute these arguments by demonstrating either their lack of legal merit or their failure to create a genuine issue of material fact. Strengthen your position by highlighting any inconsistencies or weaknesses in the opposing party's evidence or arguments. VI. Conclusion and Proposed Order: Summarize the main points of your letter and reiterate the request for summary judgment. Finally, present the proposed order granting summary judgment. Include specific language that clearly states the relief sought and any additional requests, such as the termination of the case or a request for damages. Please consider this proposed order granting summary judgment and the arguments presented herein. I believe that the evidence and legal analysis strongly support the request for summary judgment in my favor. I respectfully request the Court to review this proposed order and grant the motion accordingly. Thank you for your attention to this matter. I look forward to your prompt consideration and a favorable decision. Sincerely, [Your Name]
Connecticut Sample Letter for Proposed Order Granting Summary Judgment
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How to fill out Connecticut Sample Letter For Proposed Order Granting Summary Judgment?
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FAQ
There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defense's evidence.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose 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.
A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.
If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.
Rule 7.1. A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services.
You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.
Practice Book § 17-44 (2023). Supporting Documents: ?A motion for summary judgment shall be supported by appropriate documents, including but not limited to affidavits, certified transcripts of testimony under oath, disclosures, written admissions and other supporting documents.? Conn. Practice Book § 17-45(a) (2023).
