Kentucky Sample Letter for Response in connection with Motions for Summary Judgment

State:
Multi-State
Control #:
US-0801LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Kentucky Sample Letter for Response in Connection with Motions for Summary Judgment: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Honorable Judge's Full Name] [Judge's Designation] [County Circuit Court] [County Courthouse Address] [City, State, ZIP] Re: [Case Title and Docket Number] Dear Judge [Judge's Last Name], I hope this letter finds you well. I am writing in response to the motion for summary judgment filed by the opposing party in the aforementioned case, and I respectfully request your attention and consideration to address the issues raised. First and foremost, I would like to address the grounds on which the opposing party seeks summary judgment. As per the civil procedure rules in Kentucky, a motion for summary judgment may be granted when there are no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law. However, upon thorough review of the evidence and applicable law, I firmly believe that summary judgment is not appropriate in this case due to the following reasons: 1. Existence of Genuine Issues of Material Fact: It is crucial to note that there are several genuine issues of material fact that need to be resolved before granting summary judgment. These factual disputes include [describe specific issues, evidence, or testimony that raises questions on the facts of the case]. 2. Legal Arguments and Precedents: The opposing party's motion fails to consider the relevant legal arguments and precedents that support our position. Kentucky's courts have consistently held that summary judgment is not appropriate when facts are in dispute or when the application of law is debatable. We have identified several cases that are directly in line with our position, such as [cite relevant cases and explain their significance]. 3. Discovery and Trial Preparation: It is important to highlight that essential discovery and factual inquiries are still ongoing in this case. Granting summary judgment at this stage would hinder the parties' ability to gather evidence, interview witnesses, and complete the necessary depositions. A trial is required to resolve these disputed issues and ensure a just resolution. Considering the aforementioned factors, it is evident that summary judgment is improper in this case. We respectfully request that you allow this matter to proceed to trial, where all relevant pieces of evidence and arguments can be fully examined. Granting summary judgment at this stage would deprive us of the opportunity to present our case and have our legal rights adjudicated justly. We kindly request a hearing to present our arguments in person and address any concerns that the court may have. We are confident that, upon a complete review of the facts and applicable law, summary judgment will be deemed inappropriate. Thank you for your attention and prompt consideration of this response letter. Should the court require any additional information or clarification, please do not hesitate to contact me. I am available at your convenience. Yours sincerely, [Your Name]

How to fill out Kentucky Sample Letter For Response In Connection With Motions For Summary Judgment?

US Legal Forms - one of the largest libraries of legal types in America - offers an array of legal document layouts you are able to down load or print out. Utilizing the website, you can get 1000s of types for company and personal functions, categorized by types, states, or keywords.You can get the most recent types of types such as the Kentucky Sample Letter for Response in connection with Motions for Summary Judgment within minutes.

If you already possess a monthly subscription, log in and down load Kentucky Sample Letter for Response in connection with Motions for Summary Judgment through the US Legal Forms local library. The Down load option will show up on every single type you look at. You have accessibility to all formerly saved types in the My Forms tab of your accounts.

In order to use US Legal Forms the first time, listed here are basic instructions to help you get started out:

  • Be sure you have picked the best type to your town/area. Click the Review option to analyze the form`s content material. Look at the type explanation to actually have chosen the proper type.
  • In case the type doesn`t match your requirements, use the Research area on top of the display to find the the one that does.
  • If you are pleased with the form, affirm your option by clicking on the Get now option. Then, opt for the pricing strategy you favor and offer your qualifications to register to have an accounts.
  • Approach the deal. Use your Visa or Mastercard or PayPal accounts to accomplish the deal.
  • Choose the format and down load the form in your system.
  • Make alterations. Fill out, change and print out and indication the saved Kentucky Sample Letter for Response in connection with Motions for Summary Judgment.

Every single design you included in your bank account does not have an expiry time and is also yours permanently. So, if you wish to down load or print out another copy, just go to the My Forms section and click on on the type you want.

Gain access to the Kentucky Sample Letter for Response in connection with Motions for Summary Judgment with US Legal Forms, one of the most comprehensive local library of legal document layouts. Use 1000s of specialist and condition-particular layouts that meet your business or personal requirements and requirements.

Form popularity

FAQ

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.

Demurrers and summary judgments are two types of pretrial motions that may cause a case to be decided without a full trial.

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.

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.

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.

Briefly describe the relevant undisputed facts of the case. Describe why summary judgment should be granted. I look for opportunities here to grab the judge's attention by telling him or her that I am dropping one of my arguments, and stating why. This lets the judge know I am not going to waste the court's time.

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.

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.

Interesting Questions

More info

The response to a motion for summary judgment. A. Contents: 1. A brief ... Solution: To answer correctly, the plaintiff must file a document titled “Response to. Filing and serving a complaint is the first step in a lawsuit. After that, if you want the Court to do something related to your case, YOU MUST FILE A MOTION.You should discuss your evidence in your memorandum of points and authorities, attach it to your motion, file it with the court, and serve it to the other side. The document's title should reflect what is being asked in the motion. For example: “Motion to Dismiss”; “Motion for Additional Time to File a Brief”; or “ ... Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion. Jul 10, 2018 — Finally, in its Response to Plaintiff's Motion for Summary Judgment [R. 52], Defendant states that it will not pursue two of its three ... 2) On the central navigation bar of the website, click on the link, “Judge's Requirements” and then, “Judges Procedures and Schedules.” 3) Click on your judge's ... C.Grounds for motion. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together ... Sep 5, 2023 — Any pending rehearing of a summary judgment motion decided under the pre-amendment rule should be decided under the pre-amendment rule, subject ... File a declaration or affidavit telling the Court that you need more time to obtain discovery in order to oppose the Motion. See Federal Rule of Civil Procedure ...

Trusted and secure by over 3 million people of the world’s leading companies

Kentucky Sample Letter for Response in connection with Motions for Summary Judgment