[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]
Arizona Sample Letter for Response in connection with Motions for Summary Judgment
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FAQ
A motion for summary judgment is a request made by a party asking the court to decide all or part of a lawsuit without going to trial because there's no dispute about the key facts of the case. The party making the motion (called the ?movant?) can be the plaintiff or the defendant.
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.
Briefly describe the relevant undisputed facts of the case. Describe why summary judgment should be granted. I look for opportunities here to grab the judge's attention by telling him or her that I am dropping one of my arguments, and stating why. This lets the judge know I am not going to waste the court's time.
The reply to a motion for summary judgment must also include the statement of facts that is supported by affidavits, exhibits, or other material. It is important to read the affidavit attached to the motion and to respond with your own affidavit.
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.
Rule 56(d): If the court grants a motion in part, it may enter an order stating any material fact, or an item of damages, that is not in dispute, and treat that fact or item as established.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
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.
