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Florida Sample Letter to Client concerning Hearing on Motion of Summary Judgment

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Multi-State
Control #:
US-0007LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: Important Information Regarding Your Hearing on Motion of Summary Judgment in Florida Dear [Client's Name], We hope this message finds you in good health and high spirits. We are writing to inform you about the upcoming hearing on the Motion for Summary Judgment scheduled to take place in Florida. It is crucial that you are aware of the process and implications surrounding this hearing, as it directly affects your case. A Motion for Summary Judgment is a legal request made by either party to resolve a case before it goes to trial. It essentially argues that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. If the court grants the motion, it can result in an immediate resolution of the case in favor of the moving party without the need for a full trial. In the context of your case, the hearing on the Motion for Summary Judgment will play a pivotal role in determining its outcome. It is essential that you fully understand the implications and provide the necessary information and evidence to support your position. The hearing provides an opportunity to present your arguments, challenge the opposing party's claims, and persuade the court to rule in your favor. To assist you in preparing for the hearing, we have attached a sample letter outlining the necessary information you should include in your presentation. This letter serves as a guide to help you communicate effectively and persuasively in support of your position. However, please note that it is crucial to tailor the letter to match the unique details and circumstances of your case. Types of Florida Sample Letters to Clients concerning Hearing on Motion of Summary Judgment: 1. Sample Letter Requesting Additional Evidence: In some cases, it may be necessary to request additional evidence or documentation either from the opposing party or third parties. This sample letter will guide you in crafting a formal request to obtain any crucial evidence that could potentially influence the court's decision. 2. Sample Letter Opposing Summary Judgment: If you believe that the motion for summary judgment is inappropriate or premature, you may draft a letter opposing the request. This sample letter will provide you with a framework to argue against the motion, highlighting the genuine issues of material fact and presenting arguments to counter the moving party's assertions. 3. Sample Letter Supporting Summary Judgment: Alternatively, if you are the party making the motion for summary judgment, this sample letter will guide you in presenting persuasive arguments to support your request. You can use this letter to outline the legal basis for your motion and demonstrate why there are no genuine issues of material fact for trial. Remember, each case is unique, and it is crucial to consult with your attorney to ensure your letter accurately represents your specific circumstances and legal strategy. Engaging with your legal counsel will help you tailor these sample letters to match your case's specific requirements and increase your chances of a successful outcome. If you have any questions or require further clarification, please do not hesitate to reach out to our office. We are here to support and guide you throughout this process. We wish you the best of luck and look forward to continued collaboration with you. Sincerely, [Your Name and Law Firm]

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FAQ

When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied. Thus, denials of summary judgment up the ante in the litigation game.

Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.

Under the new rule, pursuant to Rule 1.150(b), Florida Rules of Civil Procedure, a motion for summary judgment must be served at least 40 days before a hearing on the motion and a response must be served 20 days before a hearing on the motion.

The Federal Rules of Civil Procedure, Rule 56, states that in order to be successful in a summary judgment motion, the moving party must prove that 1) there is no genuine dispute of any material fact of the case, and 2) the movant is entitled to the judgment as a matter of law.

A Motion for Summary Disposition means that the debt collector is telling the court that there are no facts in dispute, and that they should within right away, without any trial.

At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.

Florida's new summary judgment standard requires the evidence on the issue of fact be probative enough that a reasonable jury could find in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).

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Oct 9, 2003 — An out-of-state lawyer is on the phone. One of his clients has been sued in Florida and he needs local counsel to help file a response. JUDGMENT MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE OTHER PARTY NO LESS THAN TWENTY DAYS PRIOR TO THE HEARING DATE. YOUR RESPONSE MUST ...Feb 10, 2022 — If a dispositive motion is submitted and the judge dismisses all claims, the written decision is a judgment. The judgment is final and concludes ... YOU CAN NO LONGER CANCEL A SUMMARY JUDGMENT HEARING ONLINE. To request a continuance or cancellation of a Summary Judgment hearing when the motion has not been ... How to fill out Hillsborough Florida Sample Letter To Client Concerning Hearing On Motion Of Summary Judgment? Creating legal forms is a must in today's world. Look through the page you've opened and check if it has the document you require. To accomplish this, use the form description and preview if these options are ... Feb 22, 2023 — A motion for summary judgment does not allow the court to decide issues of fact, but to examine the pleadings and proof to determine if a trial ... Otherwise, you must notice the motion for hearing and include the client on the certificate of service. ... the parties consent, including injunction hearings and ... ALL CALENDAR CALLS WILL GO FORWARD BY ZOOM PLATFORM. Please see Special Sets icon regarding a rule on scheduling Motion for Summary Judgment. Motions, regardless of whether they are agreed to by opposing counsel, must be set for submission or oral hearing with notice to the client. Motions to withdraw ...

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Florida Sample Letter to Client concerning Hearing on Motion of Summary Judgment