[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Attorney's Name] [Attorney's Address] [City, State, ZIP] Re: Response to Motion for Summary Judgment Case: [Case Name], Docket No. [Docket Number] Dear [Attorney's Name], I hope this letter finds you well. I am writing to respond to the Motion for Summary Judgment filed by the opposing party in the above-mentioned case. After thorough consideration of the facts and relevant legal principles, I respectfully submit this response on behalf of my client. I. Introduction In their Motion for Summary Judgment, the opposing party asserts that there are no genuine issues of material fact and requests the court to grant judgment as a matter of law. However, I contend that there remain significant disputes as to material facts, rendering summary judgment improper. I will address each of the issues raised by the opposing party in their motion and provide arguments supporting my client's position. II. Legal Standards for Summary Judgment Before diving into the specific arguments raised by the opposing party, it is essential to establish the legal standards applied to motions for summary judgment in New Mexico. The New Mexico Rules of Civil Procedure state that summary judgment should be granted when "the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." III. Response to Specific Arguments 1. Argument One: [Opposing Party's Argument] In their first argument, the opposing party claims that [state the opposing party's argument]. However, my client strongly disagrees with this assertion, as the evidence presented during the discovery phase clearly demonstrates otherwise. [Provide supporting evidence and legal authority]. 2. Argument Two: [Opposing Party's Argument] Similarly, the opposing party argues that [state the opposing party's argument]. However, my client posits that [counter the opposing party's argument with supporting evidence and legal authority]. IV. Genuine Issues of Material Fact Contrary to the opposing party's assertions, there are numerous genuine issues of material fact in this case that necessitate a trial for a proper determination. The evidence and testimony provided by [describe supporting evidence and testimony] underscore these factual disputes and warrant a denial of summary judgment. V. Conclusion In summary, the Motion for Summary Judgment filed by the opposing party fails to meet the necessary legal standards and establish the absence of genuine issues of material fact. The evidence presented, along with the factual disputes addressed above, requires a trial for the just resolution of this case. Therefore, I respectfully request that the court deny the opposing party's motion. Please do not hesitate to reach out if you require any further information or documentation. I look forward to your prompt consideration of this matter. Sincerely, [Your Name]
New Mexico Sample Letter for Response in connection with Motions for Summary Judgment
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Rule 1-053 - Masters A. Appointment and compensation. The court in which any action is pending may appoint a special master therein. As used in these rules the word "master" includes a referee, an auditor and an examiner.
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
What Must an Opposition to a Motion for Summary Judgment Include? The Memorandum of Points and Authorities includes any legal authorities and arguments that support your Opposition. An effective Memorandum of Points and Authorities will directly address the arguments made in the Motion for Summary Judgment.
Parties may obtain discovery of any information, not privileged, which is relevant to the subject matter involved in the pending action. The information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
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.
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.
Rule 1-052 - Nonjury trials; findings and conclusions A. Findings and conclusions; when required. In a case tried by the court without a jury, or by the court with an advisory jury, the court shall enter findings of fact and conclusions of law when a party makes a timely request.
Rule 1-056 - Summary judgment A. For claimant. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
