Dear [Judge's Name], I am writing to respond to the Motion for Summary Judgment filed by the opposing party in the case of [Case Name]. I respectfully submit this letter to present my arguments and establish genuine issues of material fact that should prevent the granting of summary judgment in this matter. Firstly, in Kansas law, summary judgment is defined as the resolution of a case without a trial when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. However, it is essential to note that summary judgment should only be granted if it appears that there is no dispute as to any material fact. In our case, multiple genuine issues of material fact exist, which must be resolved before determining liability or damages. To establish the existence of these genuine issues, I will present the following arguments: 1. Legal Merits: In analyzing the legal arguments put forth by the opposing party, we contend that their interpretation of Kansas law is flawed. Citing relevant case law and statutes, we can demonstrate that their interpretation does not hold a reasonable position within the legal framework. 2. Factual Disputes: There are significant factual disputes present in this case that require adjudication. Several crucial elements of the opposing party's claims are in dispute, including [list key factual disputes]. These disputes create genuine issues of material fact that should be resolved through a trial rather than summary judgment. 3. Evidentiary Support: Our response will provide supporting evidence that directly contradicts the opposing party's claims. We will introduce credible witness statements, documents, expert opinions, and other evidence that cast doubt on the veracity and strength of their arguments. Additionally, it is important to mention that there are different types of Kansas Sample Letters for Response in connection with Motions for Summary Judgment, tailored to specific circumstances. These types may comprise: 1. Kansas Sample Letter for Response to Plaintiff's Motion for Summary Judgment: This letter is drafted when the plaintiff files a motion for summary judgment, and the defendant wishes to provide their response, asserting genuine issues of material fact. 2. Kansas Sample Letter for Response to Defendant's Motion for Summary Judgment: This letter is utilized when the defendant files a motion for summary judgment, prompting the plaintiff to address the genuine issues of material fact and argue against the granting of summary judgment. In conclusion, our response strongly opposes the opposing party's Motion for Summary Judgment, as it fails to fulfill the requirements for summary judgment under Kansas law. We respectfully request that the court denies the motion and allow this case to proceed to trial, where the genuine issues of material fact can be fully examined and adjudicated. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Firm (if applicable)] [Your Contact Information]
Kansas Sample Letter for Response in connection with Motions for Summary Judgment
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How to fill out Kansas Sample Letter For Response In Connection With Motions For Summary Judgment?
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A Declaration is a sworn statement to the Court stating facts supporting your Opposition. These facts must come from the declarant's own personal knowledge of the events. The declarant should also explain how he or she obtained knowledge of the facts included in the Declaration.
1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.
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.
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.
The Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages. A Declaration is a sworn statement to the Court where you write the facts that support your opposition.
Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr. Smith relies on the attached memorandum of law."
