[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP] Re: Proposed Order Granting Summary Judgment Dear [Judge's Last Name], I hope this letter finds you well. I am writing to submit a proposed order granting summary judgment in the case of [Plaintiff's Name] v. [Defendant's Name], docket number [Case Number], currently pending before this honorable court. As the [Plaintiff/Defendant], I believe that all the necessary evidence and arguments have been presented, and there are no genuine issues of material fact that remain unresolved. Therefore, I request the court to grant summary judgment in my favor based on the merits of the case. In support of this motion, I have enclosed the following documents and evidence: 1. [Appropriate Document 1]: Provide a brief description of the document, such as affidavits, depositions, or other relevant supporting materials that establish the absence of genuine issues of fact. — [Additional details about Document 1] 2. [Appropriate Document 2]: Discuss another key piece of evidence if necessary. — [Additional details about Document 2] 3. [Appropriate Document 3]: Include any additional supporting materials or legal precedents that bolster the request for summary judgment. — [Additional details about Document 3] I believe that this evidence conclusively shows that there is no dispute as to the material facts in this case and that the law is clearly on my side. By granting summary judgment, the court can bring a swift and fair resolution to this matter, saving valuable court resources and time. If the court finds it necessary, I am available for oral argument or to address any concerns that may arise. I fully respect and trust the court's wisdom and discretion in rendering a just decision, free from any genuine factual dispute. Thank you for your attention to this matter, and I look forward to the court's ruling. Please find a proposed order granting summary judgment enclosed for your consideration. Yours sincerely, [Your Name]
South Carolina Sample Letter for Proposed Order Granting Summary Judgment
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How to fill out South Carolina Sample Letter For Proposed Order Granting Summary Judgment?
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FAQ
Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.
Summary judgment is proper when, after reviewing the motion, supporting affidavits, and the pleadings, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
(j) Case Stricken From Docket by Agreement. A party moving to restore a case stricken from the docket shall provide all parties notice of the motion to restore at least 10 days before it is heard. Upon being restored, the case shall be placed on the General Docket and proceed from that date as provided in this rule.
Generally, where the court's judgment requires payment of money, the most common remedy in magistrate's court is execution. The process to enforce a judgment for the payment of money shall be by writ of execution and shall be conducted as provided by law.
(e) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than 10 days after receipt of written notice of the entry of the order.
Civil rights cases concluded in U.S. district courts, by disposition, 1990?2006. From a tactical perspective, there are two basic types of summary-judgment motions. One requires a full evidentiary presentation, and the other requires only a more limited, targeted one.
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.
