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