[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Subject: Defendants' Rebuttal Memorandum in Support of Defendants' Motion for Summary Judgment Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the rebuttal memorandum filed by the defendants regarding the motion for summary judgment in the referenced case. I have carefully reviewed the defendants' arguments and respectfully submit this letter to address the various points raised in their memorandum. Firstly, the defendants argue that there is insufficient evidence to support a claim of [specific claim mentioned in the case]. However, upon a thorough examination of the relevant documents and witness testimonies, it is evident that there is substantial evidence to substantiate our claim. Our evidence includes [list the key evidence that supports the claim]. Secondly, the defendants contend that the applicable statute of limitations has expired, thereby barring any claims against them. However, it is our assertion that the discovery rule should be applied in this case, as the wrongdoing was concealed and only became apparent to us recently. We believe there is compelling evidence to support the application of the discovery rule, which will prevent the expiration of the statute of limitations defense raised by the defendants. Thirdly, the defendants argue that our complaint lacks specificity and fails to state a valid cause of action for [specific cause of action mentioned in the case]. We strongly disagree with this characterization as our complaint is adequately pled and complies with all relevant pleading requirements. Furthermore, we have provided detailed factual allegations in support of each cause of action, which clearly demonstrate a valid legal claim against the defendants. Moreover, the defendants assert that there is no genuine issue of material fact and, therefore, summary judgment should be granted in their favor. However, we respectfully disagree as there are numerous disputed facts in this case, which require a trial for a fair resolution. The evidence presented by both parties raises genuine issues of material fact that should be resolved by the trier of fact. In conclusion, we firmly believe that the defendants' rebuttal memorandum lacks compelling arguments to support their motion for summary judgment. We assert that our claims are backed by substantial evidence, comply with all relevant legal requirements, and raise genuine issues of material fact. Therefore, we request the court to deny the defendants' motion and allow this case to proceed to trial, where justice can be served. Thank you for your attention to this matter. We remain confident that the court will carefully consider the merits of our case and ensure a fair and just resolution. Should you require any further information or documentation, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Yours sincerely, [Your Name]
Connecticut Sample Letter regarding Defendants' Rebuttal Memorandum in Support of Defendants' Motion for Summary Judgment
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How to fill out Sample Letter Regarding Defendants' Rebuttal Memorandum In Support Of Defendants' Motion For Summary Judgment?
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FAQ
Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
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.
What Must an Opposition to a Motion for Summary Judgment Include? The Memorandum of Points and Authorities includes any legal authorities and arguments that support your Opposition. An effective Memorandum of Points and Authorities will directly address the arguments made in the Motion for Summary Judgment.
There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defense's evidence.
A Declaration is a sworn statement to the Court stating facts supporting your Opposition. These facts must come from the declarant's own personal knowledge of the events. The declarant should also explain how he or she obtained knowledge of the facts included in the Declaration.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.
The Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages. A Declaration is a sworn statement to the Court where you write the facts that support your opposition.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.
