West Virginia Sample Letter to Client concerning Hearing on Motion of Summary Judgment

State:
Multi-State
Control #:
US-0007LTR
Format:
Word; 
Rich Text
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Law Firm's Letterhead] [Date] [Client's Full Name] [Client's Address] [City, State, Zip] Subject: Upcoming Hearing on Motion for Summary Judgment in West Virginia Dear [Client's Name], I hope this letter finds you well. I am writing to inform you about an important development in your case and to discuss the upcoming hearing on the Motion for Summary Judgment scheduled to take place in West Virginia. As you may be aware, a Motion for Summary Judgment has been filed by the opposing party in an attempt to dispose of the case without going to trial. This motion argues that there are no genuine issues of material fact that remain, and the opposing party is entitled to judgment as a matter of law. It is crucial to understand that a hearing on a Motion for Summary Judgment is a significant event in the litigation process and can greatly impact the outcome of your case. The purpose of this hearing is to allow the court to review the evidence presented by both parties and decide whether the case can be resolved without a trial. In West Virginia, such hearings are governed by [cite specific West Virginia Rule or statute]. This rule outlines the requirements for filing a Motion for Summary Judgment and the factors the court considers in evaluating its merits. Our legal team has thoroughly examined the motion, and we firmly believe that it lacks merit and should be dismissed. The hearing for the Motion for Summary Judgment is scheduled for [date], at [time], in the [courtroom number] of the [name of court]. It is crucial that you attend this hearing along with any necessary witnesses, as their testimonies might be crucial in supporting your case and refuting the opposing party's arguments. During the hearing, the court will hear arguments from both parties' attorneys, review the evidence presented, and make a determination on whether to grant or deny the Motion for Summary Judgment. If the motion is denied, the case will proceed to trial and allow for a full examination of the facts. Please remember that our legal team is dedicated to protecting your interests and ensuring the best possible outcome for your case. We will thoroughly prepare for the hearing, develop strong legal arguments, and challenge any unfounded assertions made by the opposing party. If you have any questions or concerns about the hearing or the overall status of your case, please do not hesitate to contact me directly at [your contact information]. Our team is always available to provide you with the necessary guidance and support. Thank you for placing your trust in our firm. We look forward to advocating for you at the hearing and representing your interests diligently. Sincerely, [Your Name] [Your Title] [Law Firm's Name] [Law Firm's Address] [City, State, Zip] [Phone Number] [Email Address]

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FAQ

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.

In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.

What Is a Summary Judgment? A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.

Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.

For example, if a plaintiff sues a defendant for breach of contract, and the defendant can prove that they never entered into a contract with the plaintiff, the court may grant summary judgment in favor of the defendant without the need for a trial.

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"Brief" - A statement of the law that supports a motion made by counsel or that opposes a motion made by another counsel. "Clerk" - The circuit clerk of any ... 4/24 Processed into client file Defendant's Motion for. Summary Judgment ... summary judgment motion, the result of the proceedings would have been the same.1This document provides a sample of a motion for summary judgment that sufficiently complies with the requirements of the Practice Standards of Judge Krieger. (e) Motions to Strike. — In a civil case, an order which merely grants a motion to strike, without expressly entering summary judgment or partial summary ... Feb 27, 2023 — that does not merge with a final judgment following a jury trial is the denial of a motion for summary judgment based on the existence of a ... Motion. Meet and Confer. File and Serve Written. Arguments about the Motion. Hearing Date. REPLY: The Reply to the opposition is due 14 days before the hearing ... Oct 19, 2022 — Summary: A motion for summary judgment is a written request to dismiss part or all of a lawsuit without a trial. At the hearing, the court ... Jul 20, 2023 — In the case of Summary Judgment, they are only reviewing your evidence presented in Response to the Motion for. 2. Page 11. Summary Judgment. - If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of ... by K Sinclair · 1995 · Cited by 38 — -Sign in a federal courthouse in New Orleans.' This Article examines modern federal-style summary judgment practice and its antithesis, the current Virginia ...

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West Virginia Sample Letter to Client concerning Hearing on Motion of Summary Judgment