Motion Summary Judgment

• Category: Landlord Tenant - Actions
• State: Multi-State
• Control #: US-60930
• Format: Word; Rich Text

Description Summary Judgment Motion

This form is plaintiff's response to defendant's motion for partial summary judgment involving a dispute over leased office space. The plaintiff contends that the court should deny defendant's motion for partial summary judgment based upon the facts presented before the court.

A Response to Motion for Summary Judgment is a legal document filed in court by the opposing party to counter an attempt made by the moving party to obtain a summary judgment in their favor. It presents arguments and evidence supporting the opposing party's position and opposing the motion for summary judgment. In such a response, the party opposing the motion will typically provide detailed legal arguments, supported by factual evidence, aiming to convince the court that summary judgment should not be granted. This may involve analyzing the legal standards applicable in the case, identifying genuine issues of material fact, and presenting counterarguments to the claims made by the moving party. Some common types of Responses to Motion for Summary Judgment example with opposition include: 1. Legal Argument-based Response: This type of response focuses on presenting legal arguments that challenge the moving party's interpretation of the law. It may involve citing relevant case law, statutes, or legal precedents to establish that there are genuine issues of law yet to be resolved, making summary judgment inappropriate. 2. Factual Evidence-based Response: Here, the opposing party provides detailed factual evidence to dispute the moving party's statement of facts. This can include affidavits, declarations, expert opinions, or excerpts from depositions, all aimed at establishing that there are genuine disputes of material fact, and thus summary judgment should not be granted. 3. Procedural Response: In certain cases, the opposing party may argue that the motion for summary judgment was procedurally defective. They may challenge the sufficiency of the moving party's documents or claim that the motion was filed outside the designated time limits. This response focuses on technicalities in an attempt to undermine the validity of the motion. 4. Cross-Motion for Summary Judgment: In some instances, the opposing party may file a simultaneous Cross-Motion for Summary Judgment along with their response. This motion asserts that summary judgment should be granted in their favor based on their interpretation of the facts and the law. It provides an alternative argument for the court to rule in their favor instead of the moving party. In summary, a Response to Motion for Summary Judgment example with opposition is a comprehensive legal document filed in response to a request for summary judgment, aiming to persuade the court that genuine issues of fact or law exist and that summary judgment should be denied. The response can take different forms, including legal argument-based, factual evidence-based, procedural-based, or even a cross-motion for summary judgment.