[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Oklahoma Court Name] [Court Address] [City, State, ZIP] Subject: Proposed Order Granting Summary Judgment Dear Judge [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing to formally submit my proposed order granting summary judgment in the case of [Case Name] before this honorable court. As the plaintiff/defendant in this matter, I am requesting your favorable consideration and approval of this proposed order. 1. Case Background: Provide a concise summary of the background of the case, including the relevant parties involved, and the nature of the dispute being litigated. Elaborate on crucial events leading up to the current stage of the proceedings where summary judgment is being sought. It is important to lay out the facts objectively and clearly demonstrate the basis for summary judgment. 2. Legal Basis for Summary Judgment: Explain in detail the legal grounds on which the summary judgment is sought. Cite relevant statutes, case law, and legal precedents that support the position being advocated. If there are any applicable Oklahoma state laws specific to the case, mention those and their relevance. 3. Statement of Facts: Present a comprehensive and accurate account of the undisputed material facts of the case. Clearly articulate how these facts align with the legal basis mentioned earlier and why they command a summary judgment in favor of the moving party. Emphasize any admissions, agreements, or uncontested evidence that unequivocally supports the requested relief. 4. Argument and Analysis: Provide a well-reasoned analysis, supported by legal authorities, explaining why the opposing party's claims/defenses lack merit or present no genuine issues for trial. Dissect each key argument made by the opposing side and provide counterarguments or legal reasoning to demonstrate their fallacy or irrelevance. Elaborate on any procedural or substantive irregularities that invalidate their case and strengthen the argument for summary judgment. 5. Proposed Order: Draft a concise, clear, and detailed proposed order granting summary judgment based on the arguments and analysis presented earlier. Ensure that the proposed order is legally sound and framed in the appropriate format to be readily reviewed and signed by the court. Include relevant case citations and any specific instructions or declarations necessary to implement the proposed judgment effectively. Please find enclosed a copy of the proposed order granting summary judgment for your review and consideration. I kindly request you to schedule a hearing on this matter so that I may present further arguments and address any concerns you may have regarding this proposal. I believe that the enclosed materials demonstrate that summary judgment is justified and will serve the interests of justice. Thank you for your time and attention to this matter. I have the utmost respect for the court and trust that you will carefully consider the merits of this request. If you require any additional information or have any questions, please do not hesitate to contact me at your convenience. Sincerely, [Your Name]
Oklahoma Sample Letter for Proposed Order Granting Summary Judgment
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In Oklahoma it is crucial to keep in mind the (5) year statute of limitation on your judgment. After that period, if the judgment is not renewed, it cannot legally be recognized in a court of law and can no longer be renewed if renewal period has passed.
If it appears to the court that there is no substantial controversy as to the material facts and that one of the parties is entitled to judgment as a matter of law, the court shall render judgment for said party.
Once a plaintiff has obtained a default judgment against a defendant, they can use it to collect a debt or damages in several ways. Collection efforts may include wage garnishments, property liens, seizure of assets held in bank accounts, and more.
You have 20 days from the date the Plaintiff can prove you were served to file an answer to the Petition with the court where the case is filed and send a copy to the Plaintiff. If you do not file an answer within 20 days, you are technically in default.
If the defendant simply does not pay, you may execute on the defendant's property, you may have a garnishment issued against the defendant's assets or wages and you may compel the defendant to come to court for a Hearing on Assets to determine what assets are available.
Requests for production of documents compel the opposing party to produce certain documents in his/her control. Like interrogatories, the response to this request must be provided within 30 days except the Respondent does not have to response any sooner than 45 days from the service of the petition and summons.
Once a plaintiff has obtained a default judgment against a defendant, they can use it to collect a debt or damages in several ways. Collection efforts may include wage garnishments, property liens, seizure of assets held in bank accounts, and more.
MOTIONS TO VACATE OR MODIFY Within 30 days of the filing of the judgment, decree or appealable order, a party may file a motion asking the trial court to correct, open, modify or vacate its own decision pursuant to 12 O.S. §1031.
