[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Attorney's Name] [Attorney's Firm] [Address] [City, State, ZIP] Re: Response to Motions for Summary Judgment — [Case Name/Number] Dear [Attorney's Name], I hope this letter finds you well. I am writing in response to the recent filing of Motions for Summary Judgment on behalf of [Opposing Party] in the above-mentioned case. I have carefully reviewed the contentions raised in the motions and would like to provide my arguments and evidence opposing the granting of summary judgment. As you are aware, North Dakota follows the federal standard in regard to motions for summary judgment. Pursuant to Rule 56 of the North Dakota Rules of Civil Procedure, summary judgment is appropriate when the pleadings, depositions, answer to interrogatories, admissions, and affidavits, if any, demonstrate that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In the present case, I respectfully submit that summary judgment should not be granted for the following reasons: 1. Genuine Issues of Material Fact: There exist genuine issues of material fact that must be resolved by a trier of fact. [Provide a detailed explanation of the specific factual disputes and why they are material to the case]. 2. Merits of the Case: The evidence presented supports my client's claims, and there are genuine disputes as to the facts and the interpretation of the law. [Provide a brief overview of the supporting evidence and legal arguments]. 3. Jurisdictional Elements: The [Opposing Party]'s motions fail to address certain critical jurisdictional elements, which are necessary to establish the court's authority to render summary judgment. 4. Procedural Deficiencies: The [Opposing Party]'s motions do not comply with the procedural requirements specified in the North Dakota Rules of Civil Procedure. [Highlight any deficiencies, such as failure to cite supporting legal authority or supporting evidence]. In light of the above, I kindly request that the court deny the Motions for Summary Judgment filed by [Opposing Party] and allow the case to proceed to trial, where the genuine disputes of material fact can be fully examined and adjudicated upon. Therefore, I respectfully urge the court to exercise its discretion and consider the arguments and evidence presented herein. I trust that your sound judgment will prevail in ensuring a fair and just resolution of this matter. Please do not hesitate to contact me if you require any additional information or if you would like to discuss any aspect of the case further. Thank you for your attention to this matter. Sincerely, [Your Name]
North Dakota Sample Letter for Response in connection with Motions for Summary Judgment
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How to fill out North Dakota Sample Letter For Response In Connection With Motions For Summary Judgment?
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FAQ
Briefly describe the relevant undisputed facts of the case. Describe why summary judgment should be granted. I look for opportunities here to grab the judge's attention by telling him or her that I am dropping one of my arguments, and stating why. This lets the judge know I am not going to waste the court's time.
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.
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.
1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
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.
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.
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.
