Subject: Opposing Defendant's Motion to Extend Length of Memoranda — Response for the Plaintiff [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, ZIP] Re: Opposition to Defendant's Motion to Extend Length of Memoranda Dear [Defendant's Name], I hope this letter finds you well. I am writing in response to your recent motion requesting an extension of the memorandum's length in the [case name]. As the plaintiff in this case, I would like to firmly oppose your motion for the following reasons. Firstly, it is crucial to acknowledge the strict timeframes set forth by the [New York Court System]. The court's rules and procedures emphasize the importance of diligently adhering to these deadlines to ensure fair and timely justice. By requesting an extension, the defendant is essentially seeking to deviate from these established guidelines without providing sufficient justification for such an exception. Moreover, it is essential to prioritize the efficient resolution of this case to minimize any unnecessary delays and additional expenses for both parties involved. Granting an extension for the defendant's memorandum may lead to the postponement of the court proceedings, leading to an unnecessary burden on the court's resources and an extended waiting period for justice to be served. Furthermore, as the plaintiff, I have diligently abided by the assigned word limit for my memorandum. I have ensured that all relevant aspects of the case are concisely and comprehensively presented within the restrictions imposed upon me. Granting the defendant's motion would not only give an unfair advantage but would also undermine the principle of equal opportunity for both parties to make their case within the allocated length. Considering the above points, it is evident that there is no compelling reason to grant the defendant's motion for an extension of the memorandum's length. Adhering to the established rules, timelines, and limitations set forth by the court system ensures an impartial and efficient resolution of this case. In light of the aforementioned arguments, I respectfully request that the court denies the defendant's motion to extend the length of memoranda and proceeds to decide the matter based on the existing regulations. Doing so would uphold the principles of fairness, expediency, and adherence to the designated legal framework. Thank you for your attention to this matter. Should you require any additional information or clarification, please do not hesitate to contact me at your earliest convenience. Yours sincerely, [Your Name]
New York Sample Letter for Plaintiff's Response in Opposition to Defendant's Motion to Extend Length of Memoranda
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FAQ
(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.
If you fail to support your motion with a memorandum of points and authorities, the court could deny the motion because you have implicitly admitted there is no basis for it.
Definition. A cross-motion is filed by a defendant to add a new claim against the plaintiff in a court case.
HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030 which can be found at , present facts within your (or some other declarant's) personal knowledge and be signed by you (or the other declarant) under penalty of Page 3 3 | Page SDCPLL ...
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.
The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence. The Court will enter an order in which the judge either grants or denies the motion.
