[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Name of the Judge] [Judge's Designation] [Address of the Court] [City, State, ZIP] [Case Caption] Re: Response to Motion for Summary Judgment Dear [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing in response to the Motion for Summary Judgment filed by the opposing party in the aforementioned case. I kindly request your attention to the following arguments opposing the Motion for Summary Judgment. 1. Introduction: In support of my arguments, I shall present a detailed analysis of the facts and applicable legal principles that demonstrate the existence of genuine issues of material fact and warrant denial of the Motion for Summary Judgment. 2. Genuine Issues of Material Fact: a) [Insert specific legal argument or fact] b) [Insert specific legal argument or fact] c) [Insert specific legal argument or fact] 3. The Legal Standard for Granting Summary Judgment: In the state of Texas, the legal standard for granting summary judgment is stringent and requires the absence of any genuine issues of material fact. The party moving for summary judgment must demonstrate through competent evidence that no genuine issues of material fact exist, making judgment as a matter of law appropriate. However, upon careful examination of the facts and applicable law, it becomes evident that genuine issues of material fact indeed do exist in this case. 4. Case Law and Presidential Guidance: I want to draw your attention to relevant case law and presidential guidance that supports my argument against granting the Motion for Summary Judgment. Some notable cases include: [list relevant cases and their key points] 5. Factual Disputes: There are significant factual disputes that require a thorough examination during trial or further discovery. Therefore, granting summary judgment at this stage would be premature and unjust. 6. Evidentiary Support: I have attached a separate statement of genuine issues of material fact and supporting evidence, including affidavits, deposition transcripts, and other relevant documents. This evidence signifies the existence of disputed material facts that necessitate a trial to ascertain the truth. 7. Conclusion: In light of the genuine issues of material fact and the prevailing legal standards in Texas, I respectfully urge the court to deny the opposing party’s Motion for Summary Judgment. Granting summary judgment would be contrary to the principles of justice and would deprive me of my rights as a party to this litigation. Thank you for your attention to this matter. I look forward to the court's ruling and the opportunity to present my case fully during trial. Sincerely, [Your Name]
Texas Sample Letter for Response in connection with Motions for Summary Judgment
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How to fill out Texas Sample Letter For Response In Connection With Motions For Summary Judgment?
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FAQ
This dilemma can also arise when you are considering how to file both a traditional MSJ and a no evidence MSJ. Do you file them together or apart? You are allowed to combine them, but you must clearly delineate the two separate motions.
In Texas state court, there are two types of motions for summary judgment: (1) a traditional motion for summary judgment, and (2) a no-evidence motion for summary judgment. A traditional motion argues that the non-movant cannot recover on a claim as a matter of law.
The motion for summary judgment shall state the specific grounds therefor. Except on leave of court, with notice to opposing counsel, the motion and any supporting affidavits shall be filed and served at least twenty-one days before the time specified for hearing.
A party may file an amended pleading after it files its summary judgment motion or response. A summary judgment proceeding is considered a ?trial? with respect to filing amended pleadings ing to Texas Rule of Civil Procedure 63, the rule for calculating pertinent time periods.
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.
A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed.
Permissive appeal is an option. Can get mandamus to order trial court to rule but generally not how to rule. Generally, courts do not allow mandamus relief to review the denial of a summary judgment motion. The Texas Supreme Court granted mandamus review to reverse a trial court's denial of a summary judgment.
To defeat a no-evidence motion for summary judgment, the non-movant need not marshal her evidence but must point out in her response evidence raising a genuine issue of fact as to the challenged elements. Non-movant should specifically cite to evidence, do not just attach a mountain and ask the judge to figure it out.
