Vermont Sample Letter to Client concerning Hearing on Motion of Summary Judgment

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Multi-State
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US-0007LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: Vermont Sample Letter to Client regarding Hearing on Motion for Summary Judgment Dear [Client's Name], I hope this letter finds you well. As your legal counsel in the ongoing litigation, I wanted to bring an important matter to your attention. We have recently received notification from the court regarding the upcoming hearing on the Motion for Summary Judgment in our case. In the state of Vermont, a Motion for Summary Judgment is a legal maneuver utilized by either party in a lawsuit to seek a decision in their favor without going to trial. This motion requests the court to evaluate the facts of the case and determine if there are any genuine issues of material fact that, if proven, could decide the outcome of the lawsuit. Should the court find that no such issues exist, it may rule in favor of the moving party without the need for a trial. As we anticipated, the opposing party has filed a Motion for Summary Judgment, claiming there are no disputed issues of material fact and requesting the court to rule in their favor based solely on the facts presented in the motion. Our legal team has thoroughly reviewed the motion, and we firmly believe that there are, in fact, several genuine issues of material fact that warrant further examination through a trial. We understand that this development may cause some concern, but rest assured, we are fully prepared to counter the arguments put forth by the opposing party. In response to their Motion for Summary Judgment, we will be filing a compelling opposition brief, highlighting the disputed facts and presenting legal arguments supporting our position. Our aim is to demonstrate to the court that there are indeed unresolved issues that necessitate a trial for a fair determination of the matter. The scheduled hearing for the Motion for Summary Judgment is set to take place on [date] at [time] at [location]. It is crucial that you attend this hearing or have a representative present on your behalf. Your presence will not only showcase your commitment and involvement in the case but also enable us to strengthen our argument by presenting your side of the story before the court. Please be advised that the hearing process may require both parties to present supporting evidence, such as witness testimonials, expert opinions, and relevant documents. We kindly request that you provide us with any additional information or evidence that could support our opposition arguments, ensuring a comprehensive and compelling response to the opposing party's motion. As we diligently prepare for the hearing, our team will be in touch with you to discuss our strategy, answer any questions you may have, and keep you informed of any further updates or developments. Thank you for your continued trust, cooperation, and support throughout this case. If you have any concerns or require any clarification, please do not hesitate to contact us. We are here to provide you with our unwavering dedication and strive for a successful outcome on your behalf. Wishing you the best, [Your Name] [Your Law Firm's Name] [Contact Information]

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FAQ

Ing to Federal Judicial Center research, summary-judgment motions are filed in 17% of federal cases.

The main disadvantage of summary judgment is that a Defendant need only create a smokescreen in order to successfully avoid summary judgment. The court will not analyse the issues in any great detail and so an application will only be successful if a case is overwhelmingly in your favour.

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.

There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defense's evidence.

Get a Fair Hearing in Court 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.

If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.

Apply each legal argument to the facts stated in the undisputed facts section, and explain why under the law and the facts summary judgment should be granted. In one paragraph, reiterate why summary judgment should be granted on each count of the complaint.

The outcome of a summary judgment application will be one of: Judgment in favour of the applicant. Striking out or dismissal of the claim.

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A memorandum in opposition to any nondispositive motion shall be filed not more than 14 days after service of the motion, unless otherwise ordered by the court. Mar 1, 2017 — the defendant. You may also file a memorandum of law in opposition to defendant's motion for summary judgment. [pursuant to L.R. 7(a)(3)(A)].Apr 7, 2023 — Petitioner Serendipity Morales filed what they characterized as a petition for habeas corpus. On closer review, the court determined that ... During this period, the court denied tenant's motion for summary judgment. The court held a trial in December 2010. At the beginning of trial, tenant requested ... Feb 22, 2023 — A motion for summary judgment does not allow the court to decide issues of fact, but to examine the pleadings and proof to determine if a trial ... Sep 5, 2023 — In cases where a summary judgment motion was denied under the pre-amendment rule, the court should give the parties a reasonable opportunity to ... Plaintiffs Eric and Louise Fritzeen and William and Constance B. Coates appeal a decision of the Chittenden Superior Court granting summary judgment to ... Once both sides have filed their written Motion for Summary Judgment and Opposition to Motion for Summary Judgment, it is up to the judge. There is no deadline ... a motion for summary judgment is whether or not we need a trial. If we do ... regarding the declination of a customer request, but states that the employee ... Judgment: “The judgment sought shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to ...

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Vermont Sample Letter to Client concerning Hearing on Motion of Summary Judgment