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Massachusetts Sample Letter to Client concerning Hearing on Motion of Summary Judgment

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Multi-State
Control #:
US-0007LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Title: Massachusetts Sample Letter to Client concerning Hearing on Motion for Summary Judgment Introduction: Dear [Client's Name], We hope this letter finds you well. We are writing to provide you with important updates regarding our ongoing legal proceedings and specifically the upcoming hearing on the Motion for Summary Judgment that has been filed with the court. The purpose of this letter is to offer a detailed explanation of what a Motion for Summary Judgment entails in Massachusetts and outline the necessary steps we will be taking to represent your best interests. Please read through this letter carefully and do not hesitate to contact us if you have any questions or concerns. 1. Definition and Significance of a Motion for Summary Judgment: A Motion for Summary Judgment is a request made to the court, typically by one party in a lawsuit, to rule in their favor without the need for a trial. It serves as a means to resolve a legal case more efficiently and quickly if the essential facts of the dispute are not being contested by either side. Essentially, it seeks to eliminate the need for a trial by demonstrating that there is no genuine issue of material fact in dispute, thereby enabling the judge to render a decision based solely on the law. 2. Different Types of Massachusetts Sample Letters to Clients concerning Hearing on Motion for Summary Judgment: There can be various types of sample letters to clients relating to the hearing on a Motion for Summary Judgment, depending on the specifics of the case. Some possible variations may include: a. General Massachusetts Sample Letter to Client concerning Hearing on Motion for Summary Judgment: This type of letter would provide a detailed explanation of the Motion for Summary Judgment process, court deadlines, and the overall strategy being employed to persuade the judge to rule in the client's favor. b. Massachusetts Sample Letter to Client requesting additional information for Motion of Summary Judgment: If further evidence or information is required to strengthen the Motion for Summary Judgment, this letter would address the client, requesting their assistance in providing additional documents, testimonies, or any other relevant materials. c. Massachusetts Sample Letter to Client addressing the opposition's Motion for Summary Judgment: In some cases, both parties may file a Motion for Summary Judgment. This letter would inform the client about the opposition's motion, the pros and cons of responding to it, and the strategy that will be employed to counter the opposition's arguments effectively. 3. Key Elements of a Massachusetts Sample Letter to Client concerning Hearing on Motion for Summary Judgment: Regardless of the specific type, a Massachusetts Sample Letter to Client concerning Hearing on Motion for Summary Judgment should include the following components: a. Introduction and Greeting b. Explanation of the Motion for Summary Judgment and its importance c. Summary of the case and the specific arguments presented d. Information about the upcoming hearing, including date, time, and location e. Strategy, legal analysis, and a summary of evidence supporting the client's position f. Request for any additional information or documentation needed g. Encouragement for the client to attend the hearing and the potential outcomes h. Contact information and reassurance that the client can reach out with any questions or concerns Conclusion: We firmly believe that our case is strong, and we will do everything possible to secure a favorable outcome for you. It is of utmost importance that you attend the hearing to demonstrate your commitment and support for the presented arguments. By collectively preparing and presenting a well-crafted response to the Motion for Summary Judgment, we aim to increase the chances of a successful resolution in your favor. Thank you for your continued trust in our legal services. If you require any further clarification or assistance, please do not hesitate to contact our office at your earliest convenience. Sincerely, [Your Name] [Your Law Firm]

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FAQ

Across all cases, plaintiffs win slightly more than half the cases. They are most successful in automobile personal injury and business cases, winning approximately 66 percent of both types of cases.

Motions for Summary Judgment are easy to defeat and hard for the moving party to win as a matter of law because defeating the motion usually requires only a slight controversy concerning key facts. These Motions, particularly Summary Judgment motions, are expensive to bring.

A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.

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."

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.

Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.

It is much more difficult for plaintiffs to win this type of summary judgment. Rather than knocking out a single element to doom a cause of action, like a defendant, every element of each claim as to which the plaintiff wishes to achieve summary judgment must be proven by admissible evidence.

More info

The motion should be no more than two pages; one is better. Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As ... RULE 56.1 MOTIONS FOR SUMMARY JUDGMENT. Motions for summary judgment shall include a concise statement of the material facts of record as to which the moving ...A moving party must serve with the motion, which shall contain a request for a hearing (if desired), (1) a separate memorandum stating the reasons, including ... Such motions shall be accompanied by an express request that the court rule without a hearing. This procedure shall be available only in cases where all parties ... Feb 22, 2023 — A motion for summary judgment does not allow the court to decide issues of fact, but to examine the pleadings and proof to determine if a trial ... Rule 11.​​ (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity  ... Motion. Meet and Confer. File and Serve Written. Arguments about the Motion. Hearing Date. REPLY: The Reply to the opposition is due 14 days before the hearing ... You must file your motion, letter or document with the court. Remember to attach the document as proof that a copy of the motion, letter or document was given ... Motions for summary judgment in summary proceeding involving possession of real property. Rule 3.1350. Motion for summary judgment or summary adjudication. (a) ... (a) Oral argument is at the discretion of the judicial authority except as to motions to dismiss, motions to strike, motions for summary judgment, motions for.

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Massachusetts Sample Letter to Client concerning Hearing on Motion of Summary Judgment