Dear [Judge's Name], I am writing this letter to request an order granting the motion for summary judgment in the case of [Case Name and Number]. After thoroughly reviewing all the evidence and arguments presented by both parties, it is evident that there are no genuine issues of material fact in dispute, and the moving party is entitled to judgment as a matter of law. Guam, as an unincorporated territory of the United States located in the western Pacific Ocean, holds a unique position in terms of its legal system and jurisdiction. As a federal court located in Guam, we are tasked with ensuring justice is served in accordance with applicable federal laws and regulations. In the present case, the motion for summary judgment has been filed by the plaintiff/defendant [Party Name], alleging that there are no disputed facts and that they are entitled to judgment without going through a full trial. In support of the motion, [Party Name] has provided compelling evidence, including [briefly mention key pieces of evidence]. Under the Federal Rules of Civil Procedure, Rule 56, summary judgment should be granted if "the moving shows that there is no genuine dispute as to any material fact and the moving is entitled to judgment as a matter of law." Based on the thorough examination of the facts and legal arguments presented, it is clear that all material facts are undisputed, and there is no need for a trial to resolve any issues. However, it is essential to acknowledge that Guam may have additional rules or regulations that could affect the motion for summary judgment. These local rules should be carefully considered before making a final decision. Examples of potential additional Guam Sample Letters for Order Granting Motion for Summary Judgment may include motions filed in specific areas of law, such as personal injury cases, contract disputes, or employment law. In summary, considering the lack of genuine issues of material fact and the entitlement to judgment as a matter of law presented in the motion, we respectfully request that the court grant the order for summary judgment, dismissing the opposing party's claims against [Party Name]. We firmly believe that justice will be best served by not prolonging the litigation unnecessarily when the relevant facts and applicable law are clear. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title/Position] [Law Firm/Organization Name] [Contact Information]
Guam Sample Letter for Order Granting Motion for Summary Judgment
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FAQ
Demurrers and summary judgments are two types of pretrial motions that may cause a case to be decided without a full trial.
Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.
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.
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.
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.
