[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: [Case Title and Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing in regard to the pending motion for summary judgment in the above-referenced case. As counsel for the [Plaintiff/Defendant], I hereby request the issuance of an order granting the motion for summary judgment, based on the following arguments and supporting evidence. [Type of Motion — E.g., "Plaintiff's Motion for Summary Judgment" or "Defendant's Cross-Motion for Summary Judgment"] Summary judgment is appropriate because there exists no genuine issue of material fact and the moving is entitled to judgment as a matter of law. The following facts, as supported by the evidentiary record, establish the absence of material disputes: 1. [Briefly state uncontested facts supported by relevant citations or references] Furthermore, the moving submits that the applicable law, as interpreted by Wisconsin courts, supports the requested summary judgment. Wisconsin case law clearly establishes the legal elements necessary to justify granting summary judgment in favor of the moving. The following authorities and precedents provide persuasive evidence in support of our motion: 1. [Reference leading Wisconsin Supreme Court or Appellate Court cases, statutes, or regulations relevant to your motion] Moreover, the moving has complied with all necessary procedural requirements, including providing timely notice, filing all pertinent documents, and serving opposing counsel with copies of all required materials. We have strictly adhered to the Wisconsin Rules of Civil Procedure throughout the course of this litigation. In light of the foregoing, we respectfully request that the court issue an order granting our motion for summary judgment, thereby bringing a swift resolution to this matter. We believe that no genuine dispute of material fact exists, and that the moving is entitled to judgment as a matter of law. Please do not hesitate to contact me if you have any questions or require further clarification regarding our motion. Thank you for your attention to this matter, and we anticipate a favorable ruling from the court. Yours sincerely, [Your Name] [Your Title/Designation] [Law Firm Name] [Law Firm Address] [City, State, ZIP]
Wisconsin Sample Letter for Order Granting Motion for Summary Judgment
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How to fill out Wisconsin Sample Letter For Order Granting Motion For Summary Judgment?
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FAQ
A motion for summary judgment "searches the record," meaning that the court reviews all of the evidence in the record, regardless of which side submitted it.
The introductory paragraph should begin, "Defendant John Smith respectfully moves for summary judgment. As reasons for this motion?." Then list your arguments, as in the motion itself. Some practitioners state that you should not repeat language word for word, but I disagree.
Findings of fact are determinations by a court from the evidence of a case concerning the facts asserted by one party and denied by another. Summary judgment is only granted when there is no genuine issue as to any material fact, when facts are not being asserted by one party and denied by the other.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.
As an initial matter, the Court reiterated the utility of expert witness declarations in summary judgment motions: "An expert witness declaration is admissible to support or defeat summary judgment if the expert's testimony would be admissible at trial in ance with Evidence Code section 720.
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.
3) Declaration in Support of Motion for Summary Judgment The Declaration is a sworn statement to the Court stating all of the declarant's facts supporting your Motion. These facts must come from the declarant's own personal knowledge of the events.
A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received during discovery (such as contracts, emails, letters, and certified government documents).
