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Sample Letter for Order Granting Motion for Summary Judgment

State:
Multi-State
Control #:
US-0136LTR
Format:
Word; 
Rich Text
Instant download

Overview of this form

The sample letter for order granting motion for summary judgment is a legal document used to formally request that the court grant a motion for summary judgment in a case. This form serves as a template, making it easier for individuals to create their own letters. It is distinct from other legal forms as it specifically addresses summary judgment, which is a decision made by the court without a full trial when there is no dispute about the material facts of the case.

Key components of this form

  • Heading: Includes the recipient's address and the date.
  • Subject line: Clearly states the purpose of the letter.
  • Introduction: Introduces the case and the parties involved.
  • Body: Explains the basis for the motion for summary judgment and includes relevant facts and legal arguments.
  • Conclusion: Requests the court to grant the motion and expresses willingness to provide further information if needed.
  • Signature block: Provides space for the sender's signature and contact information.

When to use this document

This form is typically used when one party in a legal case believes that there is no genuine dispute of material fact and seeks a court ruling on their claims based solely on the law. It can be relevant in various civil cases, such as contract disputes, personal injury claims, or cases involving statutory violations. Using this sample letter can streamline the process of submitting such requests to the court.

Who this form is for

  • Individuals representing themselves in court (pro se litigants).
  • Attorneys preparing documentation for cases involving summary judgments.
  • Legal professionals in need of a standardized format for court submissions.
  • Parties involved in civil litigation seeking to clarify their legal positions.

Steps to complete this form

  • Identify the case details: Enter the case name, court name, and case number at the top of the letter.
  • Provide recipient information: Insert the name and address of the judge or opposing counsel.
  • Summarize the motion: Clearly articulate the reason for the motion for summary judgment in the body of the letter.
  • Include supporting evidence: Attach any necessary documents or evidence that support your request.
  • Review and sign: Carefully proofread the letter before signing and dating it at the bottom.

Notarization guidance

This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Form selector

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

Form selector

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

Form selector

We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

  • Failing to include all required case details.
  • Not providing sufficient legal arguments or evidence to support the motion.
  • Ignoring court-specific formatting rules.
  • Submitting the letter after the deadline for motions for summary judgment.
  • Neglecting to proofread for clarity and grammatical errors.

Advantages of online completion

  • Convenient access: Download and complete the form at your convenience.
  • Editability: Easily customize the template to fit your specific needs.
  • Reliability: Utilize a professionally drafted template to ensure accuracy and compliance.

What to keep in mind

  • The sample letter for order granting motion for summary judgment serves as a useful template for requesting a court decision without a trial.
  • Proper completion of this form can facilitate a more efficient resolution to legal disputes.
  • Understanding local requirements is crucial for successfully submitting the form.

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FAQ

When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.The judge will then rule on the case based on the facts and evidence. A summary judgement can often be beneficial as it potentially skips a lengthy (and costly) court trial.

Filing an Opposition to a Motion for Summary Judgment A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.

Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.

When filing a motion for summary judgment, the motion must be filed with supporting evidence. Thus, the party bringing the motion must have conducted discovery and/or submitted evidence to the court following the applicable rules of evidence.

As the name implies, the motion for summary judgment is a motion filed by one of the parties seeking to obtain a judgment on all or part of the case in a summary fashion. An issue or case which is decided by summary judgment is not allowed to be presented to a judge or jury at trial.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.

Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.

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Sample Letter for Order Granting Motion for Summary Judgment