Maine Sample Letter for Order Granting Motion for Summary Judgment Dear [Recipient's Name], I hope this letter finds you well. I am writing to request the Order Granting Motion for Summary Judgment in the case of [Case Name and Number]. As the [Plaintiff/Defendant], I believe that this motion is necessary for the efficient and just resolution of the case at hand. In accordance with the Maine Rules of Civil Procedure, specifically Rule [Rule Number], I have compiled a comprehensive summary judgment motion that highlights the undisputed material facts and legal arguments that support my position. Attached to this letter, you will find a copy of the said motion, along with supporting affidavits, exhibits, and any other necessary documentation. Maine recognizes the importance of summary judgment as a tool to resolve cases promptly when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. By granting this motion, the court essentially eliminates the need for a trial, saving both time and resources. It is crucial to note that there may be various types of summary judgment motions in Maine, depending on the nature of the case. Some common types include: 1. Traditional Summary Judgment Motion: This type of motion is filed when there are no genuine issues of material fact and the moving party is entitled to judgment based on applicable law. 2. Partial Summary Judgment Motion: When specific issues or claims within a case can be resolved through summary judgment, the parties may file a partial summary judgment motion to request the court's ruling on those specific matters. 3. Summary Judgment Motion on Jurisdiction: If the parties have a disagreement regarding the court's jurisdiction, either party may file a motion for summary judgment to resolve this issue. 4. Summary Judgment Motion on Qualified Immunity: In cases involving claims against government officials or law enforcement personnel, a motion for summary judgment on qualified immunity may be filed to assert that the individual defendant is immune from civil liability under certain circumstances. As per the relevant local rules or specific court requirements, I have made sure to comply with all necessary filing deadlines, including service upon all involved parties. I kindly request that you review the attached motion and supporting documents thoroughly to evaluate the legitimacy of my request. If necessary, I would be more than willing to attend a hearing regarding this motion. Please let me know if there is any additional information or documentation that you require from my end to aid in your decision-making process. Thank you for your attention to this matter, and I look forward to receiving the Order Granting Motion for Summary Judgment promptly. Sincerely, [Your Name] [Your Contact Information]
Maine Sample Letter for Order Granting Motion for Summary Judgment
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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.
Rule 9.300 of the Florida Rules of Appellate Procedure contains the requirements for appellate motions. A motion filed in an appeal should: explain what the party is asking the appellate court to do (the ?relief sought?); explain why the appellate court should grant the relief sought (the ?argument?); and.
At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.
A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing.
Federal appellate practitioners are readily familiar with the principle that a district court's order denying summary judgment is generally not immediately appealable. Instead, an appeal regarding the summary judgment denial must wait until a final judgment has been rendered.
Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.
