[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, Zip Code] Re: [Case Name and Number] Dear Judge [Judge's Last Name], I am writing to respectfully request an order granting the motion for summary judgment in the above-mentioned case. As the plaintiff/defendant [choose one], I believe the facts and evidence presented clearly demonstrate that there are no genuine disputes of material fact, and judgment as a matter of law should be granted. Summary judgment is an essential tool that allows the courts to efficiently resolve disputes in cases where there are no substantial issues of fact. It allows parties to avoid the need for a full trial when it becomes apparent that one party is entitled to judgment based solely on the evidence before the court. Under North Carolina law, specifically Rule 56 of the North Carolina Rules of Civil Procedure, summary judgment should be granted if the pleadings, depositions, answers to interrogatories, admissions, and affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In our case, I have outlined the following reasons why summary judgment is appropriate: 1. [Explain the first reason why summary judgment is appropriate, using applicable legal assertions and relevant facts from the case.] 2. [Explain the second reason why summary judgment is appropriate, using applicable legal assertions and relevant facts from the case.] 3. [Explain the third reason why summary judgment is appropriate, using applicable legal assertions and relevant facts from the case.] By granting this motion, the court will be able to resolve the case swiftly and efficiently, saving both judicial resources and the time and expense of a trial. As can be seen from the supporting materials and evidence provided, there is no genuine issue of material fact that would require resolution by trial. In conclusion, based on the evidence and argument presented in this case, I respectfully request that you grant the motion for summary judgment and enter an order in favor of [Plaintiff/Defendant]. I have attached all relevant supporting documents for your review. Thank you for your attention to this matter, and I appreciate your prompt consideration of our motion. Sincerely, [Your Name]
North Carolina Sample Letter for Order Granting Motion for Summary Judgment
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How to fill out North Carolina Sample Letter For Order Granting Motion For Summary Judgment?
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FAQ
Standard: Court ?shall? grant a motion for summary judgment if ?there is no genuine issue of material fact? as shown by ?the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any.?
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.
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.
(1) A response to the motion for summary judgment which includes a concise statement, not to exceed two pages in length, as to why the motion should not be granted. (2) A response to the statement of undisputed material facts either admitting or denying or disputing each of the facts in the movant's statement.
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.
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.
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.
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.
