Dear [Judge's Name], RE: CASE NO: [Case Number] I am writing to submit this Sample Letter for Proposed Order Granting Summary Judgment in relation to the aforementioned case. As per Rule 56 of the Ohio Rules of Civil Procedure, we respectfully request the Court to grant summary judgment in favor of [Plaintiff/Defendant]. Summary judgment is sought when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. [Briefly explain the relevant facts and legal arguments supporting the motion for summary judgment]. We firmly believe that the undisputed evidence and applicable law conclusively support our position, warranting the granting of summary judgment. The proposed order, in compliance with Ohio law, should contain the following key elements: 1. Case Information: — Case Caption: The complete and accurate case caption, including the court, parties' names, and case number. — Court Address: The court's official address. 2. Title: — "Proposed Order Granting Summary Judgment" or a similar title. 3. Findings of Fact: — A concise statement summarizing the relevant facts of the case, particularly those that are undisputed. — Including relevant background information and any crucial chronological events supporting the motion for summary judgment. 4. Conclusions of Law: — A clear statement of the applicable law supporting the requested summary judgment. — Citations to relevant statutes, Ohio Rules of Civil Procedure, case law, or legal precedents that substantiate the legal arguments. — Demonstrating that the moving party is entitled to judgment as a matter of law based on the facts presented. 5. Order: — A direct and straightforward statement granting the requested summary judgment in favor of the moving party. — Disposition of claims, counterclaims, or cross-claims. — Provide details on whether the judgment is final and appealable, or if further proceedings are required. 6. Signature and Date: — A space for the judge's signature and the date of issuance. — An optional space for the judge's printed name and title. It is essential to ensure that the proposed order and accompanying motion adhere to all relevant local court rules and any specific requirements the Court may have. Different types of Ohio Sample Letters for Proposed Order Granting Summary Judgment may include: 1. Ohio Sample Letter for Proposed Order Granting Summary Judgment — Plaintiff's Motion— - This is typically used when the plaintiff seeks summary judgment. 2. Ohio Sample Letter for Proposed Order Granting Summary Judgment — Defendant's Motion— - Employed when the defendant requests summary judgment, showing that there are no disputed material facts, and they are entitled to judgment as a matter of law. 3. Ohio Sample Letter for Proposed Order Granting Summary Judgment — Cross-Motion— - Presented when both parties file motions for summary judgment, seeking judgment in their favor based on different legal arguments. We kindly request the Court's consideration of this Sample Letter for Proposed Order Granting Summary Judgment and believe it adequately supports our position. Please feel free to contact us at your convenience if further clarification or additional documentation is required. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title/Position] [Your Contact Information]
Ohio Sample Letter for Proposed Order Granting Summary Judgment
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How to fill out Sample Letter For Proposed Order Granting Summary Judgment?
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Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings. However, the court can only consider evidence that would be admissible at trial.
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.
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.
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.
The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.
Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is ...
While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.
Where there is n genuine issue of material fact, the court will Page 2 Appendix 5 grant summary judgment in favor of one of the parties. For example, if all the evidence shows that the light was green, the court does not need to hold a trial to determine whether the light was red or green.
