Title: Arkansas Sample Letter for Order Granting Motion for Summary Judgment Introduction: When it comes to legal proceedings, a motion for summary judgment can play a crucial role in resolving a case. In Arkansas, a sample letter for an order granting motion for summary judgment can be a valuable resource for attorneys and individuals involved in litigation. This detailed description will explore the concept of a motion for summary judgment in Arkansas and present various types of sample letters for different scenarios. Key Points: 1. Understanding the Motion for Summary Judgment in Arkansas: — In Arkansas, a motion for summary judgment is a legal filing that asks the court to rule in favor of one party without proceeding to a trial. — It is typically filed when there are no genuine disputes of material fact, and the party filing the motion believes they are entitled to judgment as a matter of law. — The goal is to avoid unnecessary litigation expenses, save time, and bring the case to a prompt resolution. 2. Components of a Sample Letter for Order Granting Motion for Summary Judgment: — Caption: The letter should contain the full caption of the case, including the court name, case number, and names of the plaintiff and defendant. — Introduction: Start the letter by clearly stating the purpose — to seek an order granting the motion for summary judgment. — Summary of Facts: Provide a concise summary of the facts relevant to the case, highlighting the absence of any genuine disputes. — Legal Argument: Present a well-supported legal argument, demonstrating that the moving party is entitled to judgment as a matter of law. — Supporting Evidence: Include supporting documentation, such as affidavits, expert reports, or relevant case law, to strengthen the motion. — Conclusion: Conclude the letter by requesting the court to grant the motion for summary judgment based on the presented evidence and legal arguments. Types of Sample Letters for Order Granting Motion for Summary Judgment: 1. Personal Injury Case: — Address the specific circumstances of a personal injury lawsuit, highlighting negligence or liability factors, medical evidence, and claim settlement amount. 2. Contract Dispute: — Emphasize the breach of contract allegations, contractual terms, and any documented evidence supporting the claim for summary judgment. 3. Employment Discrimination Case: — Focus on discriminatory actions, violation of employment laws, and any relevant evidence, such as discriminatory communication or personnel records. 4. Real Estate Dispute: — Highlight disagreements related to property ownership, contractual obligations, title disputes, or property valuation issues, backed by supporting documents. 5. Civil Rights Violation Case: — Concentrate on constitutional rights violations, demonstrating an overt infringement of civil liberties, supported by legal precedent and documented evidence. Conclusion: A sample letter for an order granting motion for summary judgment in Arkansas can provide attorneys and individuals involved in legal proceedings with a helpful framework to expedite case resolution. Be sure to tailor the letter to the specific circumstances of the case, providing accurate and compelling arguments and evidence to support the motion for summary judgment.
Arkansas Sample Letter for Order Granting Motion for Summary Judgment
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Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
Rule 60(1) of the Arkansas Rules of Civil Procedure provides that to correct errors or mistakes or to prevent the miscarriage of justice, the court may modify or vacate a judgment, order, or decree on motion of the court or any party, with prior notice to all parties, within ninety days of its having been filed with ...
A party moving for summary judgment will have seven (7) days to file a reply in further support of the motion. A party seeking relief under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 may file a reply within seven (7) days of the response.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
-- Rule 55(c) of the Arkansas Rules of Civil Procedure provides that a default judgment may be set aside for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud, misrepresentation, or other misconduct of an adverse party; or (4) any other reason ...
What Is a Summary Judgment Motion? A motion for summary judgment is when a litigant in a case, either the plaintiff or the defendant, asks the court to end the case without holding a trial.
Rule 68 ? Offer of judgment. At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.
Rule 5 - Record; Time For Filing (a) When filed. The record on appeal shall be filed with the clerk of the Arkansas Supreme Court and docketed therein within 90 days from the filing of the first notice of appeal, unless the time is extended by order of the circuit court as hereinafter provided.
