Kansas Sample Letter for Proposed Order Granting Summary Judgment
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FAQ
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.
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.
Rule 118 - Statement of Damages when Pleading Does Not Demand Specific Amount (a) Request for Actual Amount of Money Damages.
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 ...
Therefore, to win on summary judgment you have to convince a judge that it is a good use of his or her very limited time and resources to write the decision. This means that your written material has to demonstrate that the law and facts support summary judgment, and contain no misstatements of law or fact.
An attorney may withdraw without court order upon simultaneous substitution of counsel admitted to practice law in Kansas by: (1) filing a notice of withdrawal of counsel and entry of appearance of substituted counsel signed by both the attorney withdrawing and the attorney to be substituted as counsel; and (2) serving ...
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.
