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Alaska Sample Letter for Response in connection with Motions for Summary Judgment

State:
Multi-State
Control #:
US-0801LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Response to Motion for Summary Judgment Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the Motion for Summary Judgment filed by the opposing party in the case of [Case Name] pending before [Court Name]. As the defendant in this matter, I hereby submit my opposition to the motion and present relevant arguments and evidence in support of my position. I kindly request your attention and careful consideration in reviewing the contents of this letter. First and foremost, it is important to note that Alaska law affords individuals the right to a fair trial. The Motion for Summary Judgment seeks to deprive me of this right by prematurely disposing of the case without a full examination of the facts. It is my belief that genuine issues of material fact remain, rendering summary judgment inappropriate at this stage of the proceedings. In opposition to the Motion for Summary Judgment, I raise the following key points: 1. Genuine issues of material fact: There are significant disputed facts that require resolution through a trial. These include [describe specific facts or events in dispute]. 2. Admissible evidence: I have attached [exhibit(s)] to this letter, which provide crucial evidence to support my position. These exhibits [describe their relevance and how they contradict the opposing party's claims]. 3. Legal arguments: Based on the applicable laws in Alaska, I argue that the opposing party has failed to meet the burden required for obtaining summary judgment. [Include relevant legal arguments, case citations, or statutes to support your position]. In light of the above, I respectfully request the court to deny the opposing party's Motion for Summary Judgment. Instead, I seek the opportunity to present all relevant evidence and arguments during trial to ensure a fair and just resolution of this case. Should the court require additional information or wish to schedule a hearing regarding this matter, please do not hesitate to contact me at the provided contact information. I am prepared to cooperate fully and promptly respond to any requests or directives from the court. Thank you for your attention to this matter. I trust that you will carefully consider the merits of my response and make a fair determination. I look forward to further proceedings and expressing my case in front of the court. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Response to Motion for Summary Judgment Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the Motion for Summary Judgment filed by the opposing party in the case of [Case Name] pending before [Court Name]. As the defendant in this matter, I hereby submit my opposition to the motion and present relevant arguments and evidence in support of my position. I kindly request your attention and careful consideration in reviewing the contents of this letter. First and foremost, it is important to note that Alaska law affords individuals the right to a fair trial. The Motion for Summary Judgment seeks to deprive me of this right by prematurely disposing of the case without a full examination of the facts. It is my belief that genuine issues of material fact remain, rendering summary judgment inappropriate at this stage of the proceedings. In opposition to the Motion for Summary Judgment, I raise the following key points: 1. Genuine issues of material fact: There are significant disputed facts that require resolution through a trial. These include [describe specific facts or events in dispute]. 2. Admissible evidence: I have attached [exhibit(s)] to this letter, which provide crucial evidence to support my position. These exhibits [describe their relevance and how they contradict the opposing party's claims]. 3. Legal arguments: Based on the applicable laws in Alaska, I argue that the opposing party has failed to meet the burden required for obtaining summary judgment. [Include relevant legal arguments, case citations, or statutes to support your position]. In light of the above, I respectfully request the court to deny the opposing party's Motion for Summary Judgment. Instead, I seek the opportunity to present all relevant evidence and arguments during trial to ensure a fair and just resolution of this case. Should the court require additional information or wish to schedule a hearing regarding this matter, please do not hesitate to contact me at the provided contact information. I am prepared to cooperate fully and promptly respond to any requests or directives from the court. Thank you for your attention to this matter. I trust that you will carefully consider the merits of my response and make a fair determination. I look forward to further proceedings and expressing my case in front of the court. Sincerely, [Your Name]

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FAQ

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.

Remember that judges read hundreds of letters. The easier you make it for the judge to read, the most likely the judge will be able to focus on the message you are trying to convey. For most people, a typed letter is more legible than a handwritten one.

The 5 most common tips in writing an effective leniency letter to a judge include: write a clear introduction, introduce yourself and establish credibility, provide reasons for leniency, tell a story, and. provide contact information.

1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.

Write "Dear Judge (last name)," to start your letter. Note that you use "the Honorable" when referring to the judge, but use "Judge" when addressing him or her in person.

General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr. Smith relies on the attached memorandum of law."

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Alaska Sample Letter for Response in connection with Motions for Summary Judgment