[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation/Title] [Law Firm/Organization Name] [Address] [City, State, ZIP] Subject: Motion for Summary Judgment — Montana [Case Number] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing as the plaintiff/defendant in the above-mentioned case, [Case Number], to motion for summary judgment in accordance with the laws and rules of the state of Montana. I believe that there are no genuine issues of material fact and that I am entitled to judgment as a matter of law. Montana recognizes the motion for summary judgment as an efficient legal tool to expedite the resolution of disputes and ensure the fair administration of justice. It allows the court to determine whether the evidence, if presented at trial, would be sufficient to support a verdict in favor of the moving party. The purpose of this motion is to eliminate the need for a trial when no genuine disputes regarding material facts exist. Montana's law permits two distinct types of summary judgment motions: the plaintiff's motion for summary judgment and the defendant's motion for summary judgment. 1. Plaintiff's Motion for Summary Judgment: In cases where the plaintiff believes that there are no genuine issues of material fact, or the defendant cannot present sufficient evidence to dispute the plaintiff's claims, the plaintiff may file a motion for summary judgment. This motion seeks a judgment in favor of the plaintiff without the need for a trial. 2. Defendant's Motion for Summary Judgment: When a defendant believes that the plaintiff has failed to present sufficient evidence to support their claims or there are no genuine issues of material fact, the defendant has the right to file a motion for summary judgment. The purpose of this motion is to request the court to rule in favor of the defendant based on the lack of evidence presented by the plaintiff. To support my motion for summary judgment, I have enclosed the following documents: 1. Legal memorandum: This memorandum outlines the applicable laws, regulations, and precedents that support my position, demonstrating why summary judgment is warranted. 2. Statement of material facts: I have provided a concise, numbered list of material facts essential to support my motion. Each fact is supported by admissible evidence, such as sworn affidavits, expert reports, deposition transcripts, or other relevant documents. 3. Exhibits and evidence: I have attached relevant exhibits and evidence necessary to substantiate my position for summary judgment. 4. Supporting affidavits: Affidavits from relevant witnesses or experts are included in support of my motion for summary judgment, providing firsthand accounts or expert opinions on the matter. I kindly request the court's consideration of this motion and timely scheduling of a hearing, if necessary, to address any opposition raised by the opposing party. I am prepared to present arguments and evidence in support of this motion during the hearing. Thank you for your attention to this matter. Please do not hesitate to contact me if you require any additional information or have any questions concerning this motion. I anticipate your prompt response. Yours sincerely, [Your Name]
Montana Sample Letter for Motion for Summary Judgment
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How to fill out Sample Letter For Motion For Summary Judgment?
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FAQ
Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial.
If the Defendant does not file a proper written answer within 20 days, Plaintiff is entitled to a Default Judgment. It is the Plaintiff's responsibility to file a written motion for a Default Judgment and attach an Affidavit of Amount Due. A judgment fee is not required for a Default Judgment.
What Is a Summary Judgment? 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.
While both are pre-trial devices, summary adjudication differs from summary judgment in that the latter disposes of the entire case, whereas summary adjudication resolves selected issues, leaving the remaining ones to be settled at trial.
Statements of Undisputed Facts An example is Local Rule 56.1 in the Northern District of Illinois. This statement is usually separate from the memorandum of law and contains numbered paragraphs that state each fact that the movant states is not in dispute and therefore does not require a trial.
A motion for summary judgment asks the court to decide a lawsuit without going to trial because there is no dispute about the key facts of the case. A case must go to trial because parties do not agree about the facts.
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.
