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

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

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

How to fill out Sample Letter To Client Concerning Hearing On Motion Of Summary Judgment?

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FAQ

When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied. Thus, denials of summary judgment up the ante in the litigation game.

Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.

Under the new rule, pursuant to Rule 1.150(b), Florida Rules of Civil Procedure, a motion for summary judgment must be served at least 40 days before a hearing on the motion and a response must be served 20 days before a hearing on the motion.

The Federal Rules of Civil Procedure, Rule 56, states that in order to be successful in a summary judgment motion, the moving party must prove that 1) there is no genuine dispute of any material fact of the case, and 2) the movant is entitled to the judgment as a matter of law.

A Motion for Summary Disposition means that the debt collector is telling the court that there are no facts in dispute, and that they should within right away, without any trial.

At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.

Florida's new summary judgment standard requires the evidence on the issue of fact be probative enough that a reasonable jury could find in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).

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