Colorado Sample Letter for Proposed Order Granting Summary Judgment [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP] Re: [Case Name and Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit a proposed order granting summary judgment on behalf of [Plaintiff/Defendant] in the above-mentioned case. Pursuant to the Colorado Rules of Civil Procedure (C.R.C.P.), I hereby request the court's consideration of this proposed order. Background: [List relevant background information about the case] Summary Judgment Standard in Colorado: [Provide a concise explanation of the summary judgment standard applicable in Colorado] Proposed Order Details: [Provide a detailed description of the proposed order, including relevant subsections, if any] i. Jurisdiction: [Ensure the proposed order mentions the court's jurisdiction over the matter] ii. Legal Standard for Summary Judgment: [Include the applicable legal standard for summary judgment in Colorado, referencing relevant statutes or case law] iii. Supporting Facts and Arguments: [Present the undisputed facts and strong legal arguments that warrant summary judgment in favor of the moving party] iv. Legal Conclusions: [State the legal conclusions that justify granting the motion for summary judgment] v. Relief Sought: [Specify the relief sought by the moving party, such as dismissal of the case or judgment in their favor] vi. Notice and Opportunity to Respond: [Emphasize that the opposing party was given sufficient notice and an opportunity to respond to the motion for summary judgment] vii. Certificate of Service: [Declare that a copy of the proposed order has been served upon all parties involved in accordance with the court's rules] Conclusion: [Express gratitude for the court's time and consideration] If the court finds this proposed order appropriate, I kindly request that it be signed and entered as an official order of the court. I have attached a signed copy of the proposed order, as well as copies for all other parties involved in this case. Should the court require any additional documents or clarifications, please do not hesitate to contact me at your earliest convenience. I appreciate your attention to this matter. Thank you for your time and cooperation. Sincerely, [Your Name] [Your Designation] [Law Firm/Organization Name]
Colorado Sample Letter for Proposed Order Granting Summary Judgment
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How to fill out Sample Letter For Proposed Order Granting Summary Judgment?
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Unless the court orders otherwise, motions and responsive briefs under C.R.C.P. 12(b)(1) or (2) or 56 are limited to 25 pages, and reply briefs to 15 pages, not including the case caption, signature block, certificate of service and attachments.
Colorado Rule of Civil Procedure 121 § 1-15(8) provides: Duty to Confer. "Unless a statute or rule gov- erning the motion provides that it may be filed without notice, moving counsel and any self-represented party shall confer with opposing counsel and any self- represented parties before filing a motion.
In responding to a motion for summary judgment, the non-moving party is required to do one of two things. They must either: Show that there is a disputed fact: This usually is done by showing evidence. Accept that there are no disputed facts: Instead, they may dispute the movant's recitation of the law.
(c) Motion and Proceedings Thereon. (1) Unless otherwise ordered by the court, any motion for summary judgment shall be filed no later than 91 days (13 weeks) prior to trial.
Therefore, to win on summary judgment you have to convince a judge that it is a good use of his or her very limited time and resources to write the decision. This means that your written material has to demonstrate that the law and facts support summary judgment, and contain no misstatements of law or fact.
Rule 12 - Defenses and Objections-when and How Presented-by Pleading or Motion-motion for Judgment on Pleadings (a) When Presented. (1) A defendant shall file his answer or other response within 21 days after the service of the summons and complaint.
Here's a step-by-step walkthrough: Download and complete the required forms. These are available online on the Colorado court website. ... File the completed forms with the court. ... Provide the other party with a copy of the motion by mail. Wait for further updates from the court on hearings or direct rulings.
121 § 1-15(8) states that "[m]oving counsel shall confer with opposing counsel before filing a motion." At the outset of this action, the Court now provides the parties with its interpretation of this rule, so that the parties will have a clearer understanding of their duties in the event they decide to file motions as ...
