[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Counsel's Name] [Opposing Counsel's Law Firm] [Law Firm Address] [City, State, ZIP] Re: [Case Name] Dear [Opposing Counsel's Name], I am writing in response to your recent filing of the Defendants' Rebuttal Memorandum in Support of Defendants' Motion for Summary Judgment in the above-mentioned case. I have carefully reviewed the contents of the memorandum and would like to provide a detailed analysis and response to the arguments presented. Firstly, I would like to address your assertion regarding [insert specific claim raised by the defendants]. It is essential to note that the evidence presented by the plaintiff clearly establishes [insert relevant facts supporting the plaintiff's claim]. Moreover, the defendants' attempt to undermine [insert another crucial piece of evidence supporting the plaintiff's claim] is unfounded and fails to meet the burden of proof required to justify a summary judgment. Furthermore, your argument concerning [insert another claim raised by the defendants] lacks merit. The Defendants' Rebuttal Memorandum fails to acknowledge the overwhelming evidence that [provide supporting facts indicating the strength of the plaintiff's case]. In response to your claimed lack of causation between [insert two related events or factors], it is crucial to consider the expert testimony provided by [insert name of expert witness]. Their extensive knowledge and expertise in the field conclusively demonstrates the direct causal link between [insert events or factors], thereby refuting the defendants' unfounded contention. Additionally, your assertion that [insert an argument raised by the defendants] fails to consider the legal precedents set by relevant New Jersey cases, such as [cite specific case examples]. These cases support the plaintiff's position in this matter and make it clear that the defendants' argument lacks legal standing. In light of the evidence presented, it is apparent that the defendants' assertion of [insert defendants' main argument] is unsupported by any credible facts or legal authority. The plaintiff has provided a substantial body of evidence, including [enumerate the key evidence supporting the plaintiff's position], which overwhelmingly supports their case. Considering the weaknesses and insubstantial nature of the defendants' rebuttal memorandum, it is abundantly clear that their motion for summary judgment should be denied. The plaintiff respectfully requests that the court carefully evaluate the evidence and legal arguments presented and rule in their favor. Thank you for your attention to this matter. I look forward to a fair and just resolution to this case. Sincerely, [Your Name]
New Jersey Sample Letter regarding Defendants' Rebuttal Memorandum in Support of Defendants' Motion for Summary Judgment
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How to fill out New Jersey Sample Letter Regarding Defendants' Rebuttal Memorandum In Support Of Defendants' Motion For Summary Judgment?
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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.
Get a Fair Hearing in Court 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.
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. "Material fact" refers to any facts that could allow a fact-finder to decide against the movant.
The memorandum generally must include a statement of facts, an introduction of evidence and arguments, a discussion of the relevant case law, statutes, or other secondary materials, a conclusion and signature block.
In this case, you must be able to prove the amount you are owed. If you are the defendant, you can apply for summary judgment on the ground that there is no merit to all or part of the claim that the plaintiff is making against you.
A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each of the facts in the moving party's statement. N.J.R. -2 (a) (amended eff 9/1/22); N.J.R. -2 (b) (amended eff 9/1/16).
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.
The survival trick is the early outlining of the claims and defenses, while actually drafting on Day 1 the jury instruction setting forth the required elements for the case. Toward this end, you should design your discovery to obtain the necessary evidence to prevail on the anticipated summary judgment motion.
