[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court Address] [City, State, ZIP] Re: [Case Name and Number] Dear [Judge's Last Name], I am writing to respectfully submit this proposed order requesting the granting of summary judgment in the aforementioned case on behalf of the [Plaintiff/Defendant]. The present dispute arises within the jurisdiction of South Dakota and pertains to [briefly summarize the nature of the case, including key facts]. After thorough examination and analysis of the evidence, statutory provisions, relevant case law, and the parties' arguments, we firmly believe that there exists no genuine dispute of material fact and that summary judgment is both warranted and appropriate. As such, we respectfully request the court to grant summary judgment in favor of the [Plaintiff/Defendant]. In support of this request, we have attached the following documents for your review: 1. Memorandum of Law: This document presents a comprehensive legal argument supporting our position for summary judgment. It discusses the applicable statutes, existing legal precedents, and highlights the relevant facts that establish our client's entitlement to judgment as a matter of law. 2. Statement of Material Facts: Herein, we have outlined the undisputed facts material to this case. By presenting a clear and concise factual record, it further strengthens our argument for summary judgment. 3. Affidavits and Evidence: We have included sworn affidavits from [relevant individuals/experts] who present undisputed evidence in support of our client's position. These affidavits corroborate our legal arguments and emphasize the absence of any genuine disputes of material facts. Given the absence of any factual or legal disputes, the application of the appropriate legal standards, and the lack of any genuine triable issues, summary judgment is the most prudent recourse in achieving a just and expeditious resolution in this matter. It will not only serve the interests of justice but also help alleviate the burden on the court's limited resources. We kindly request that the proposed order attached herewith be thoroughly considered and signed by the court. By granting summary judgment, the court will settle this matter definitively, allowing the parties to avoid further litigation costs, time-consuming proceedings, and unnecessary burden on the judicial system. Should the court require any additional information or arguments to support this proposed order, we are readily available to provide the necessary clarifications. We are confident that upon review of the attached documents, the court will find in favor of our client and grant the requested summary judgment. Thank you for your attention to this matter. We appreciate the court's dedication to a fair and efficient administration of justice within the South Dakota jurisdiction. Respectfully, [Your Name] [Your Law Firm] [Law Firm Address] [City, State, ZIP] [Email Address] [Phone Number]
South Dakota Sample Letter for Proposed Order Granting Summary Judgment
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How to fill out South Dakota Sample Letter For Proposed Order Granting Summary Judgment?
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FAQ
See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).
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.
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.
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.
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.
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.
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.
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.
