[Your Name] [Your Address] [City, State ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State ZIP] Subject: Motion for Summary Judgment in [Case Name and Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to you as [Your Role], representing [Your Party/Client] in the aforementioned case. I hereby file this Motion for Summary Judgment on behalf of [Your Party/Client] in accordance with the North Carolina Rules of Civil Procedure. As you are aware, a Motion for Summary Judgment seeks a final determination of the case without the need for a trial. It is filed when there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law. Our motion is supported by the motion itself, a memorandum of law, and additional relevant exhibits, affidavits, and/or deposition transcripts, if applicable. Keyword: North Carolina Rules of Civil Procedure In accordance with the North Carolina Rules of Civil Procedure (NC RCP), specifically Rule [Insert Rule Number], we request the honorable court to review the following grounds for summary judgment: 1. Key Point 1: Summarize the first key point for summary judgment. This can include legal or factual arguments that demonstrate there are no genuine issues of material fact. 2. Key Point 2: Present a strong argument, supported by relevant case law and/or legal precedent, showing that the moving party is entitled to judgment as a matter of law. 3. Key Point 3: Highlight any undisputed evidence, such as affidavits, deposition transcripts, or expert reports, that definitively support the motion for summary judgment and oppose the opposing party's claims. Keyword: grounds for summary judgment, case law, legal precedent It is important to note that the North Carolina Rules of Civil Procedure allow for a response period of [Time Period] for the opposing party to file their response to this motion. Should opposing counsel choose to respond, we will have [Time Period] to submit a reply memorandum, as per NC RCP Rule [Insert Rule Number]. Therefore, we kindly request a hearing date for the court to consider our Motion for Summary Judgment. If the court deems it necessary, we are open to scheduling a pre-hearing conference to discuss any procedural matters related to this motion. Keyword: hearing date, premiering conference, procedural matters Please find enclosed the necessary copies of the motion, memorandum of law, exhibits, and other supporting documents, as required by the North Carolina Rules of Civil Procedure. Additionally, we request that the court provide notice to all parties involved in this case regarding the scheduled hearing date so that they may adequately prepare and attend. I appreciate your attention to this matter and look forward to your favorable response. Should you require any further information or documentation, please do not hesitate to contact me. Thank you for your time and cooperation. Sincerely, [Your Name] [Your Attorney Title] [Law Firm Name] (if applicable)
North Carolina Sample Letter for Motion for Summary Judgment
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How to fill out North Carolina Sample Letter For Motion For Summary Judgment?
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FAQ
A Declaration is a sworn statement to the Court stating facts supporting your Opposition. These facts must come from the declarant's own personal knowledge of the events. The declarant should also explain how he or she obtained knowledge of the facts included in the Declaration.
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.
A judge may grant a motion for summary judgment when the pleadings, discovery, and any relevant affidavits demonstrate that there is ?no genuine issue as to any material fact? and the aggrieved party is entitled to judgment as a matter of law.? Additionally, when considering a motion for summary judgment, the evidence ...
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
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.
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.
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."
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.
