Connecticut Sample Letter for Response in connection with Motions for Summary Judgment [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] Honorable [Judge's Name] [Judge's Designation] [Courthouse Address] [City, State, ZIP Code] RE: Case Name: [Plaintiff(s) v. Defendant(s)] Case Number: [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing this letter in response to the motions for summary judgment filed by [Plaintiff/Defendant] in the above-mentioned case. I respectfully request the Court to consider this response as my opposition to the aforementioned motions. Furthermore, I would like to bring to the Court's attention the following arguments and facts in support of my opposition to the summary judgment motions: 1. Legal Merits: The Party filing the motion has failed to demonstrate that there are no genuine issues of material fact. I believe that further discovery is required to properly evaluate the evidence, and summary judgment at this stage would prematurely curtail the process. 2. Insufficient Evidence: The evidence presented in the summary judgment motion is insufficient to establish liability or refute the claims made by the opposing party. There are ambiguities and contradictions that need to be resolved through a full trial, and a summary judgment ruling would deprive the parties of their right to present additional evidence. 3. Genuine Issues of Material Fact: There are several genuine disputes of material fact present in this case that cannot be resolved without a proper trial. The facts presented by the moving party do not fully address all elements required to support their claims, and significant questions remain unanswered. 4. Legal Precedent: The legal standards set forth by Connecticut case law require a cautious approach to summary judgment, particularly when the outcome may effectively end the litigation process. Various applicable precedents indicate that summary judgment should not be granted unless the facts and evidence are unquestionably one-sided. Considering the points mentioned above, I kindly request the Court to deny the motion(s) for summary judgment and instead allow the case to proceed to trial. This would enable the parties to present their full arguments, evidence, and witness testimony, ensuring a comprehensive evaluation of the case. Lastly, I ask the Court for the opportunity to present further arguments at a formal hearing on this matter, should the Court require additional information or clarification from either party. Thank you for your attention to this matter. Respectfully, [Your Name] Enclosures: — Copy of the motion for summary judgment — Supporting documents and evidence
Connecticut Sample Letter for Response in connection with Motions for Summary Judgment
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FAQ
To succeed in obtaining a summary judgment, a party must present compelling evidence and legal arguments that establish there are no genuine issues of material fact to be tried.
Overview. If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
Opposition to Summary Judgment: ?Unless otherwise ordered by the judicial authority, any adverse party shall file and serve a response to the motion for summary judgment within forty-five days of the filing of the motion, including opposing affidavits and other available documentary evidence.? Conn.
2023 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd (a) amended effective January 1, 2007.) (1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.
(1) A response to the motion for summary judgment which includes a concise statement, not to exceed two pages in length, as to why the motion should not be granted. (2) A response to the statement of undisputed material facts either admitting or denying or disputing each of the facts in the movant's statement.
A) The RESPONSE TO MOTION tells the Judge what you disagree with in the other side's Motion, Affidavit, and proposed Order; what you would like the Court to do instead; and why you should get what you want.
The party who opposes a Motion for Summary Judgment is called the ?non- moving party.? To oppose a Motion for Summary Judgment, the non- moving party must show that there is a genuine dispute as to. material facts and that the moving party is not entitled to.
The Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages. A Declaration is a sworn statement to the Court where you write the facts that support your opposition.
