[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, Zip Code] Re: Response to Defendant's Motion for Attorneys' Fees Dear [Defendant's Name], I hope this letter finds you well. I am writing to respond to your Motion for Attorneys' Fees in the [case name and number]. As the plaintiff, I strongly oppose your request for attorneys' fees, and I have detailed my objections below. 1. Lack of Merit in Your Claim: It is crucial to emphasize that your motion for attorneys' fees lacks merit. In [South Dakota], it is well-established that attorneys' fees may only be awarded if certain conditions are satisfied. However, your argument fails to meet these criteria as [provide specific details or arguments that undermine the defendant's claim]. Therefore, I respectfully request the court to deny your motion for attorneys' fees on these grounds alone. 2. Unreasonable and Excessive Request: In reviewing your submitted request for attorneys' fees, I find it to be blatantly unreasonable and excessive. The fees you have claimed do not correspond with the nature, complexity, and duration of the case at hand. Additionally, they surpass the prevailing market rates for legal services in [South Dakota]. It is my belief that the court should consider these factors and exercise its discretion to reject your plea for an award of attorneys' fees. 3. Defendant's Conduct and Lack of Good Faith: It is crucial to highlight that throughout the duration of this case, your conduct has been questionable and lacking good faith. From the start, your refusal to engage in meaningful settlement discussions and your attempts to prolong the proceedings unnecessarily have contributed to the mounting costs associated with this matter. It would be unjust to place the burden of your non-compliance and unreasonable behavior on the plaintiff by awarding attorneys' fees in your favor. 4. Financial Hardship and Imbalance of Resources: It is important to emphasize that awarding attorneys' fees against the plaintiff would create an undue financial hardship. I am an individual with limited financial resources, and your request for attorneys' fees would disproportionately burden me. In contrast, you have demonstrated significantly greater financial resources throughout the course of this litigation. It is inequitable and unjust to award attorneys' fees against an impecunious plaintiff and perpetuate the imbalance of resources between the parties. In conclusion, based on the aforementioned arguments, I respectfully request the court to deny your Motion for Attorneys' Fees. Should the court find it necessary to award attorneys' fees, I firmly urge the court to carefully scrutinize the reasonableness, necessity, and proportionality of the requested fees. Moreover, I ask the court to consider the financial circumstances of both parties to ensure an equitable outcome. Thank you for your attention to this matter. I remain open to further discussion and am I willing to engage in reasonable settlement negotiations to resolve this case in an amicable manner. Yours sincerely, [Your Name]
South Dakota Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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FAQ
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.
South Dakota's Move Over law requires travelers to move over and/or slow down when a stopped vehicle is in use of amber, yellow, or blue warning lights. A violation of this law is a Class 2 misdemeanor, which is punishable by a minimum fine of $270.00 and/or 30 days in jail.
If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...
23A-3-34. Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement.
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).
