[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP] Subject: Proposed Order Granting Summary Judgment Dear Honorable [Judge's Last Name], I hope this letter finds you well. I am writing to request the issuance of a Proposed Order Granting Summary Judgment in the case of [Case Name and Number]. As the plaintiff/defendant in this matter, I believe that a summary judgment is appropriate based on the following grounds: 1. Statement of Facts: Provide an overview of the case's relevant facts, presenting the undisputed facts and highlighting any documentary evidence or depositions on which the motion for summary judgment relies. 2. Applicable Law: Briefly discuss the relevant legal principles that support the granting of a summary judgment in favor of the moving party. Refer to specific statutes, case law precedents, or legal principles that clarify the entitlement to judgment as a matter of law. 3. Legal Argument: Present a comprehensive legal analysis demonstrating that there are no genuine issues of material fact in dispute, which necessitates a trial for resolution. Articulate how, based on the undisputed facts and applicable law, the moving party is entitled to judgment as a matter of law. 4. Supporting Evidence: Include the relevant exhibits, affidavits, deposition transcripts, and any other supporting documentation that substantiates the grounds for summary judgment. Ensure that all evidence attached is properly authenticated and admissible under the applicable rules of evidence. 5. Prayer for Relief: Conclude the Proposed Order with a clear and concise statement of the requested relief, specifically requesting the Honorable Court to grant summary judgment in favor of the moving party and dismiss the case in its entirety. Moreover, attached to this letter is the proposed order for your consideration. I kindly request that you review the proposed order and, if deemed appropriate, sign and file it with the court. I have also served a copy of this letter and the proposed order to the opposing party and their counsel in accordance with the court rules. If the court deems it necessary or if the opposing party raises legitimate concerns, I am more than willing to engage in oral argument or provide additional documentation to further support the motion for summary judgment. I trust that the submitted materials highlight the merits of the motion and request a prompt resolution. Thank you for your attention to this matter. I respectfully request your favorable consideration of this Proposed Order Granting Summary Judgment, as it will serve to further the interests of justice and the efficient administration of this case. Sincerely, [Your Name]
Hawaii Sample Letter for Proposed Order Granting Summary Judgment
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A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.
(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
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Rule 25 - Substitution of Parties (a) Death. (1) If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party.
HFCR rule 68 authorizes the family court to award attorney's fees and costs in certain types of cases to a party that extends a settlement offer if the offer is not accepted and the final judgment in its entirety is patently not more favorable to the offeree than the settlement offer.
Federal Rule of Civil Procedure 26(a)(1) requires that each party provide ?initial disclosures? to the other parties in writing without waiting for a formal request.
Rule 30 - Depositions upon Oral Examination (a) When Depositions May Be Taken; When Leave Required. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.
Rule 16.1 - Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting (a)Assignment of case to expedited track.
