[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Attorney's Name] [Opposing Party's Attorney's Law Firm] [Address] [City, State, ZIP] Subject: Response to Motion for Summary Judgment — Case No. [Case Number] Dear [Opposing Party's Attorney's Name], I hope this letter finds you well. I am writing to respond to the Motion for Summary Judgment filed by your client, [Opposing Party's Name], in connection with the above-mentioned case pending before the [Name of the Court], North Carolina. First and foremost, I would like to address the grounds on which your client's motion is based. According to the motion, your client seeks summary judgment on the basis of [state the grounds asserted by the opposing party, such as lack of genuine issue of material fact, failure to establish a valid claim, or failure to meet the required legal standard]. However, after careful review of the evidentiary materials provided, I believe that your client's motion is without merit and should be denied for the following reasons: 1. Genuine Issues of Material Fact: Despite the assertions made by your client, there are several genuine issues of material fact in dispute that require a more thorough examination. [Present the specific facts and evidence that create genuine issues, such as conflicting witness testimony, inconsistent documentary evidence, or disputed expert opinions]. These factual disputes need to be resolved by a trier of fact before determining the appropriateness of summary judgment. 2. Failure to Establish a Valid Claim: Your client's motion fails to establish the necessary elements that would entitle them to summary judgment. [Highlight the specific legal elements that have not been adequately supported by your opposing party, referring to relevant statutes, case law, and supporting documentation, if applicable]. Without a proper showing of each element essential to their claim, summary judgment cannot be granted. 3. Failure to Meet the Required Legal Standard: In North Carolina, summary judgment is only appropriate if the moving party satisfies a high legal standard. [Explain the standard, which generally includes demonstrating that there is no genuine issue of material fact, and the moving party is entitled to a judgment as a matter of law]. Your client has failed to meet this standard as there are significant factual disputes and legal ambiguities that must be resolved through a careful examination of the evidence during a trial. Considering the above reasons, I respectfully request that the Court deny your client's Motion for Summary Judgment. Please let me know if you require any further information or would like to discuss this matter to avoid unnecessary court proceedings. Thank you for your attention to this matter, and I look forward to hearing from you soon. Sincerely, [Your Name]
North Carolina Sample Letter for Response in connection with Motions for Summary Judgment
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How to fill out North Carolina Sample Letter For Response In Connection With Motions For Summary Judgment?
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Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.
Reply Deadline The deadline to file a Reply is no later than 14 days before the hearing date set for the Motion.
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.
Apply each legal argument to the facts stated in the undisputed facts section, and explain why under the law and the facts summary judgment should be granted. In one paragraph, reiterate why summary judgment should be granted on each count of the complaint.
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.
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.
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.
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.
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.
