[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Law Firm or Court Name] [Address] [City, State, ZIP] Subject: Motion for Summary Judgment in [Case Name] Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally submit a Motion for Summary Judgment in the above-mentioned case, pending in the North Dakota [Court Name]. In support of this motion, I have included a detailed legal argument with pertinent facts and evidence to demonstrate that there is no genuine dispute of material fact, and that we are entitled to judgment as a matter of law. As you may be aware, a Motion for Summary Judgment is a request to the court seeking a decision in favor of the moving party without proceeding to a full trial. It is an efficient mechanism to resolve a case when there are no genuine disputes about the essential facts involved and legal issues can be determined based on the existing evidence. In accordance with the North Dakota Rules of Civil Procedure, I have adhered to the necessary requirements and have attached the required exhibits, including: 1. Memorandum of Law: This document provides a comprehensive legal analysis supporting our motion. It outlines the relevant statutes, case law, and arguments that establish our entitlement to summary judgment. 2. Statement of Undisputed Material Facts: This statement highlights the facts that both parties agree upon, leaving no genuine issues in dispute. I have carefully reviewed the record and referenced the relevant exhibits in order to present an accurate portrayal of the undisputed material facts. 3. Exhibits: Attached, you will find the exhibits supporting our motion, such as affidavits, expert opinions, documentary evidence, or any other necessary materials that reinforce our position. By carefully reviewing these materials, it will become evident that our case is exceptionally strong, leaving no legal basis for the opposing party to proceed to trial. We firmly believe that summary judgment is appropriate in this situation, and we request the court's prompt consideration and ruling on the matter. In consideration of any potential opposition, I would also be grateful if you could inform me of any procedural requirements or deadlines that need to be met during the course of this motion. Additionally, if there are any scheduling conflicts or necessary hearings, please provide me with the pertinent details so that I can make the requisite arrangements. Thank you for your attention to this matter. Should you have any further questions or require additional information, please do not hesitate to contact me at [Phone Number] or [Email Address]. Sincerely, [Your Name]
North Dakota Sample Letter for Motion for Summary Judgment
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How to fill out North Dakota Sample Letter For Motion For Summary Judgment?
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FAQ
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.
A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
In responding to a motion for summary judgment, the non-moving party is required to do one of two things. They must either: Show that there is a disputed fact: This usually is done by showing evidence. Accept that there are no disputed facts: Instead, they may dispute the movant's recitation of the law.
Answer each numbered fact proposed by the moving party in separate paragraphs, using the same number. The court strongly prefers that the responding party repeat verbatim the moving party's proposed fact and then respond to it. 2. All responses should be succinctly stated.
It is much more difficult for plaintiffs to win this type of summary judgment. Rather than knocking out a single element to doom a cause of action, like a defendant, every element of each claim as to which the plaintiff wishes to achieve summary judgment must be proven by admissible evidence.
Therefore, to win on summary judgment you have to convince a judge that it is a good use of his or her very limited time and resources to write the decision. This means that your written material has to demonstrate that the law and facts support summary judgment, and contain no misstatements of law or fact.
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.
