[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Counsel's Name] [Opposing Counsel's Address] [City, State, ZIP Code] Re: Response in Connection with Motion for Summary Judgment Dear [Opposing Counsel's Name], I hope this letter finds you well. I am writing to provide a comprehensive response to the Motion for Summary Judgment filed by your client in the [case name] pending before the [Mississippi court name]. I. Introduction Firstly, I acknowledge the receipt of your Motion for Summary Judgment, dated [date], and the attached supporting exhibits. I will address the main arguments raised in your motion, as well as provide relevant legal authority and arguments to support our opposition. II. Factual Background To provide context for our arguments, I will briefly summarize the pertinent facts of the case. [Provide a concise yet detailed summary of the factual background of the case, including relevant dates, events, and parties involved.] III. Legal Standard Before delving into the specific arguments raised in your motion, it is crucial to establish the applicable legal standard for granting summary judgment in Mississippi courts. [Discuss the legal standard for granting summary judgment in Mississippi, including relevant statutes and case law.] IV. Response to Arguments A. Argument 1: [Summarize opposing counsel's first argument for summary judgment.] 1. Rebuttal: [Present your counter-arguments to the first argument, providing legal and factual support to challenge its validity.] B. Argument 2: [Summarize opposing counsel's second argument for summary judgment.] 1. Rebuttal: [Present your counter-arguments to the second argument, providing legal and factual support to challenge its validity.] C. Argument 3: [Summarize opposing counsel's third argument for summary judgment.] 1. Rebuttal: [Present your counter-arguments to the third argument, providing legal and factual support to challenge its validity.] V. Precedents and Authorities To further fortify our position, let us now discuss relevant Mississippi case law and legal authorities that support our arguments. [Cite key cases and legal authorities that strengthen your position and refute opposing counsel's arguments.] VI. Conclusion In conclusion, based on the facts of the case, the applicable legal standards, and the arguments presented herein, it is our contention that summary judgment should be denied. We firmly believe that there are genuine disputes of material fact that necessitate a trial. We respectfully request that the court carefully consider our response and deny the Motion for Summary Judgment filed by your client. Should you have any questions or require further clarification on any of the points raised in this letter, please do not hesitate to contact me. I look forward to your response. Thank you for your attention to this matter. Sincerely, [Your Name] Enclosures: [List any relevant attachments, such as affidavits, exhibits, or other supporting documents]
Mississippi Sample Letter for Response in connection with Motions for Summary Judgment
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FAQ
The party who opposes a Motion for Summary Judgment is called the ?non- moving party.? To oppose a Motion for Summary Judgment, the non- moving party must show that there is a genuine dispute as to. material facts and that the moving party is not entitled to.
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.
2023 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd (a) amended effective January 1, 2007.) (1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.
A) The RESPONSE TO MOTION tells the Judge what you disagree with in the other side's Motion, Affidavit, and proposed Order; what you would like the Court to do instead; and why you should get what you want.
Overview. If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
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 Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages. A Declaration is a sworn statement to the Court where you write the facts that support your opposition.
All responses should be succinctly stated. 3. State clearly whether the fact is disputed or undisputed. If you dispute a proposed fact, state your version of the fact and cite to evidence that supports that version.
