[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] Re: Motion for Summary Judgment in the Matter of [Case Name/Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request an order granting the motion for summary judgment filed in the above-mentioned case. As counsel for the [Plaintiff/Defendant], I recently filed a motion for summary judgment, arguing that there is no genuine dispute of material fact in this case and that [Plaintiff/Defendant] is entitled to judgment as a matter of law. Attached herewith, you will find a copy of the motion, along with all the supporting documents and exhibits. Kansas law recognizes the availability of summary judgment as an efficient means to avoid unnecessary trials when the facts and legal issues are straightforward and undisputed. Pursuant to [cite relevant Kansas statute or rule], summary judgment should be granted when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." In our motion, we have clearly demonstrated that there are no genuine disputes of material fact in this case. We have meticulously reviewed the evidence submitted by both parties and argued that [provide a brief summary of the key arguments made in the motion]. Moreover, we have included supporting affidavits, expert opinions, and other admissible evidence demonstrating that our position is well-founded and in complete compliance with Kansas law. Our evidence unequivocally establishes that [Plaintiff/Defendant] is entitled to judgment as a matter of law, and no further proceedings or trial are necessary. We kindly request that your Honor thoroughly review the motion, supporting documents, and applicable Kansas law. We trust that by doing so, you will find merit in our arguments and grant the motion for summary judgment, effectively directing the court to enter judgment in favor of [Plaintiff/Defendant]. If your Honor requires any additional information or clarification regarding our motion, supporting materials, or the case in general, please do not hesitate to contact me at [your phone number] or via email at [your email address]. Thank you for your attention to this matter. We remain confident that justice will prevail, and we appreciate your prompt consideration in issuing an order granting the motion for summary judgment. Yours sincerely, [Your Name] [Your Law Firm's Name] [Your Law Firm's Address] [City, State, ZIP]
Kansas Sample Letter for Order Granting Motion for Summary Judgment
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3) Declaration in Support of Motion for Summary Judgment The Declaration is a sworn statement to the Court stating all of the declarant's facts supporting your Motion. These facts must come from the declarant's own personal knowledge of the events.
A motion for summary judgment must be accompanied by a filing fee and a memorandum or brief that: (1) states concisely, in separately numbered paragraphs, the uncontroverted contentions of fact on which the movant relies; (2) for each fact, contains precise references to pages, lines and/or paragraphs - or to a time ...
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.
As an initial matter, the Court reiterated the utility of expert witness declarations in summary judgment motions: "An expert witness declaration is admissible to support or defeat summary judgment if the expert's testimony would be admissible at trial in ance with Evidence Code section 720.
When bringing a summary judgment motion, a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law.
A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received during discovery (such as contracts, emails, letters, and certified government documents).
A party against whom relief is sought may move, with or without supporting affidavits or supporting declarations pursuant to K.S.A. 53-601, and amendments thereto, for summary judgment on all or part of the claim. (C) the movant may file a reply within 14 days after the response is served.
A party may request oral argument?either in the motion or in a response filed by the adverse party under subsection (b). The court must grant a timely request for oral argument unless it states in the ruling or by separate communication that oral argument would not aid the court materially.
A judge of the district court must issue a ruling on a civil motion not later than 30 days after the motion's final submission except for a ruling on a motion for summary judgment, which must be issued not later than 60 days after final submission. (b) Ruling on Other Civil Matter Taken Under Advisement.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
