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

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0801LTR
• Format: Word; Rich Text

Description

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] [Opposing Party's Attorney's Name] [Opposing Party's Attorney's Address] [City, State, ZIP] Re: Response to Motion for Summary Judgment Dear [Opposing Party's Attorney's Name], I am writing in response to the Motion for Summary Judgment filed by your client in the above-mentioned case. I have carefully reviewed the motion, and I respectfully request that you consider the following arguments and evidence in opposition to the motion. 1) Relevant Legal Standard: Under Arizona law, Rule [Rule Number] of the Arizona Rules of Civil Procedure governs motions for summary judgment. The rule provides that summary judgment may be granted when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. The burden is on the moving party to prove that there are no genuine issues of material fact, and any reasonable doubts must be resolved in favor of the non-moving party. 2) Genuine Issues of Material Fact: Contrary to the assertions made in your motion, there exist genuine issues of material fact that preclude the granting of summary judgment in favor of your client. [Provide specific facts and evidence that dispute the claims made by the opposing party]. These facts, when taken in the light most favorable to my client, demonstrate that there are disputes requiring a factual determination by the court. 3) Disputed Legal Arguments: Further, your legal arguments in support of your motion fail to accurately apply the relevant law or misinterpret critical case precedents. [Provide specific legal arguments and case law citations that counter the opposing party's claims]. The law supports my client's position and creates ambiguity that necessitates the need for a trial to fully expose the facts and render an appropriate judgment. 4) Affidavits and Supporting Evidence: In addition to the above, I have attached affidavits [or other supporting evidence] that directly contradict the assertions made in your motion. These affidavits [or evidence] raise credible issues that must be resolved through the presentation of witness testimonies and cross-examinations at trial. Based on the above arguments and the presence of genuine issues of material fact, request that the court deny your motion for summary judgment. A decision cannot be accurately rendered without a full examination of the facts and legal arguments by a jury or the presiding judge. Please let me know if you would like to discuss the matter further or if there are any additional documents or information you require to adequately respond to your motion. Thank you for your attention to this matter. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Attorney's Name] [Opposing Party's Attorney's Address] [City, State, ZIP] Re: Response to Motion for Summary Judgment Dear [Opposing Party's Attorney's Name], I am writing in response to the Motion for Summary Judgment filed by your client in the above-mentioned case. I have carefully reviewed the motion, and I respectfully request that you consider the following arguments and evidence in opposition to the motion. 1) Relevant Legal Standard: Under Arizona law, Rule [Rule Number] of the Arizona Rules of Civil Procedure governs motions for summary judgment. The rule provides that summary judgment may be granted when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. The burden is on the moving party to prove that there are no genuine issues of material fact, and any reasonable doubts must be resolved in favor of the non-moving party. 2) Genuine Issues of Material Fact: Contrary to the assertions made in your motion, there exist genuine issues of material fact that preclude the granting of summary judgment in favor of your client. [Provide specific facts and evidence that dispute the claims made by the opposing party]. These facts, when taken in the light most favorable to my client, demonstrate that there are disputes requiring a factual determination by the court. 3) Disputed Legal Arguments: Further, your legal arguments in support of your motion fail to accurately apply the relevant law or misinterpret critical case precedents. [Provide specific legal arguments and case law citations that counter the opposing party's claims]. The law supports my client's position and creates ambiguity that necessitates the need for a trial to fully expose the facts and render an appropriate judgment. 4) Affidavits and Supporting Evidence: In addition to the above, I have attached affidavits [or other supporting evidence] that directly contradict the assertions made in your motion. These affidavits [or evidence] raise credible issues that must be resolved through the presentation of witness testimonies and cross-examinations at trial. Based on the above arguments and the presence of genuine issues of material fact, request that the court deny your motion for summary judgment. A decision cannot be accurately rendered without a full examination of the facts and legal arguments by a jury or the presiding judge. Please let me know if you would like to discuss the matter further or if there are any additional documents or information you require to adequately respond to your motion. Thank you for your attention to this matter. Sincerely, [Your Name]