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

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

Dear [Client's Name], RE: Hearing on Motion for Summary Judgment I hope this letter finds you well. I am writing to inform you about the upcoming hearing on the Motion for Summary Judgment in your Kentucky case. This letter aims to provide a detailed description of the hearing process and its implications for your case, ensuring that you are fully informed and prepared. A Motion for Summary Judgment is a legal pleading submitted by one party, seeking a judgment in their favor based on the absence of genuine issues of material fact. By filing this motion, our client contends that there are no disputed issues that require resolution through a trial, and they are entitled to judgment as a matter of law. In Kentucky, the hearing on a Motion for Summary Judgment serves as a vital opportunity for both parties to present their arguments and evidence before the judge. It provides a chance for them to evaluate the merits of the case, consider the facts, and assess the application of relevant laws. During the hearing, both parties will have the chance to present their positions through oral arguments and the submission of supporting documents. This may include: 1. Legal Arguments: Our legal team will present persuasive arguments asserting the absence of genuine issues of material fact and demonstrating that the law supports a judgment in our client's favor. 2. Supporting Evidence: We will submit relevant evidentiary materials, such as affidavits, depositions, expert reports, or any other documents that can substantiate our claims and refute the opposing party's arguments. 3. Case Precedents: We will reference relevant case precedents and legal doctrines that bolster our arguments and demonstrate the applicability of established legal principles to our case. It is important to note that each case is unique, and the specific documents and arguments presented during a Motion for Summary Judgment hearing may vary. The success of our motion relies heavily on the strength of our legal strategy, the credibility of the evidence, and our capability to convince the court that no genuine issues of material fact exist. However, it is essential to prepare for the possibility that the opposing party might present their own compelling arguments and evidence, which could impact the outcome of the hearing. In the event that the Motion for Summary Judgment is granted, the court will issue a judgment in our client's favor, effectively disposing of the case without proceeding to trial. Conversely, if the motion is denied, the case will likely proceed towards trial, allowing both parties to present their arguments and evidence before a jury or judge. In conclusion, the hearing on the Motion for Summary Judgment is a critical phase in your Kentucky case. It provides an opportunity for our legal team to advocate for the swift resolution of your case based on the absence of genuine issues of material fact. We will diligently prepare and present the strongest arguments and evidence to support this motion. Regardless of the outcome of the hearing, please rest assured that we will continue to dedicate ourselves to your case's success. If you have any questions or concerns leading up to the hearing, please do not hesitate to contact us. We value your trust and confidence in our legal representation. Thank you for your attention, and we look forward to advocating on your behalf at the hearing. Sincerely, [Your Name] [Law Firm Name] [Contact Information]

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FAQ

As an initial matter, the Court reiterated the utility of expert witness declarations in summary judgment motions: "An expert witness declaration is admissible to support or defeat summary judgment if the expert's testimony would be admissible at trial in ance with Evidence Code section 720.

The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

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.

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.

A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received during discovery (such as contracts, emails, letters, and certified government documents).

The main disadvantage of summary judgment is that a Defendant need only create a smokescreen in order to successfully avoid summary judgment. The court will not analyse the issues in any great detail and so an application will only be successful if a case is overwhelmingly in your favour.

Apply each legal argument to the facts stated in the undisputed facts section, and explain why under the law and the facts summary judgment should be granted. In one paragraph, reiterate why summary judgment should be granted on each count of the complaint.

Ing to Federal Judicial Center research, summary-judgment motions are filed in 17% of federal cases.

3) Declaration in Support of Motion for Summary Judgment The Declaration is a sworn statement to the Court stating all of the declarant's facts supporting your Motion. These facts must come from the declarant's own personal knowledge of the events.

Get a Fair Hearing in Court 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.

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Jul 5, 2017 — When confronted with a properly supported summary judgment motion, the non- moving party cannot succeed "without presenting at least some ... Click on “Court of Appeals,” then on. “Basic Appellate Practice Handbook” in the “Resources” section of the page. Any comments concerning the contents, clarity, ...Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion. Opposing memoranda may ... Motion. Meet and Confer. File and Serve Written. Arguments about the Motion. Hearing Date. REPLY: The Reply to the opposition is due 14 days before the hearing ... 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 ... The clerk of the court will indicate on your motion, letter, or document, the time and date it was received and file it with the other case records. The court will decide summary judgment motions without oral argument or hearing unless the court otherwise directs or grants a request under S.D. Ind. L.R. 7-5. A motion for an order to a nonparty must be made in the court where the discovery is or will be taken. (3) Specific Motions. (A) To Compel Disclosure. If a ... Jul 20, 2023 — In the case of Summary Judgment, they are only reviewing your evidence presented in Response to the Motion for. 2. Page 11. Summary Judgment. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, ...

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