This form is a sample letter in Word format covering the subject matter of the title of the form.
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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Description
How to fill out Sample Letter To Client Concerning Hearing On Motion Of Summary Judgment?
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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.
