[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: Response to Motion for Summary Judgment [Case Name]: [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the Motion for Summary Judgment dated [date] filed by [Opposing Party] in the above-mentioned case. I am the [plaintiff/defendant/intervene] in this matter, and I wish to present my detailed response, highlighting the genuine issues of material fact, thereby opposing the granting of summary judgment. First and foremost, I would like to address the standards that the court must consider when ruling on a Motion for Summary Judgment in the state of Rhode Island. The Rhode Island Rules of Civil Procedure Rule 56 provides that summary judgment shall be granted if the pleadings, depositions, answers to interrogatories, admissions on file, and 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. In this particular case, it is evident that there are numerous genuine issues of material fact that remain in dispute. These factual disputes shall preclude the granting of summary judgment and call for a proper trial to determine the ultimate outcome of this case. Furthermore, my legal team has identified various legal arguments and pieces of evidence that refute the claims made by the opposing party and warrant a full factual exploration during the trial. I kindly request the court to carefully consider the following key points when evaluating the Motion for Summary Judgment: 1. Briefly outline the general background and nature of the dispute, providing a comprehensive understanding of the case. 2. Identify the specific legal claims made by the opposing party in their motion. 3. Address each claim by thoroughly analyzing the relevant facts, applicable laws, and supporting case law, providing strong arguments against granting summary judgment. 4. Highlight the discrepancies and factual disputes that exist between the parties, emphasizing those that are material to the outcome of the case. 5. Submit affidavits, declarations, or other evidentiary materials, if available, that would establish the genuine issues of material fact and contradict the claims made by the opposing party. 6. Discuss any recent legal precedents or case law in Rhode Island that support the denial of summary judgment based on similar factual circumstances. 7. Include a "Statement of Additional Facts," can potentially increase the genuine issues present, demonstrating the need for a trial to uncover the truth. In light of the above, I respectfully request that the court denies the Motion for Summary Judgment filed by the opposing party. Instead, I urge the court to allow this matter to proceed to trial, where a thorough examination of the evidence can take place to determine the rightful outcome of this case. Thank you for your attention to this matter. I appreciate the court's time and consideration. If there are any additional hearings or deadlines, please inform me promptly, and I will make the necessary arrangements. Yours sincerely, [Your Name]
Rhode Island Sample Letter for Response in connection with Motions for Summary Judgment
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How to fill out Rhode Island Sample Letter For Response In Connection With Motions For Summary Judgment?
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FAQ
Any party may serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party.
(1)On Court's Own Motion. The court may, at any time, in its discretion dismiss any action for failure of the plaintiff to comply with these rules or any order of court, or for lack of prosecution if the action has been pending for more than five (5) years.
An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.
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.
Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.
Briefly describe the relevant undisputed facts of the case. Describe why summary judgment should be granted. I look for opportunities here to grab the judge's attention by telling him or her that I am dropping one of my arguments, and stating why. This lets the judge know I am not going to waste the court's time.
Section (1) of Rule 37 (a) explains that a party can move for an order compelling disclosure of discovery. However, the motion must include a certification that the petitioner either ?conferred or attempted to confer with the person or party failing to make disclosure or discovery? prior to asking for court action.
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.
