Kentucky Sample Letter for Response in connection with Motions for Summary Judgment

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0801LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. Kentucky Sample Letter for Response in Connection with Motions for Summary Judgment: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Honorable Judge's Full Name] [Judge's Designation] [County Circuit Court] [County Courthouse Address] [City, State, ZIP] Re: [Case Title and Docket Number] Dear Judge [Judge's Last Name], I hope this letter finds you well. I am writing in response to the motion for summary judgment filed by the opposing party in the aforementioned case, and I respectfully request your attention and consideration to address the issues raised. First and foremost, I would like to address the grounds on which the opposing party seeks summary judgment. As per the civil procedure rules in Kentucky, a motion for 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. However, upon thorough review of the evidence and applicable law, I firmly believe that summary judgment is not appropriate in this case due to the following reasons: 1. Existence of Genuine Issues of Material Fact: It is crucial to note that there are several genuine issues of material fact that need to be resolved before granting summary judgment. These factual disputes include [describe specific issues, evidence, or testimony that raises questions on the facts of the case]. 2. Legal Arguments and Precedents: The opposing party's motion fails to consider the relevant legal arguments and precedents that support our position. Kentucky's courts have consistently held that summary judgment is not appropriate when facts are in dispute or when the application of law is debatable. We have identified several cases that are directly in line with our position, such as [cite relevant cases and explain their significance]. 3. Discovery and Trial Preparation: It is important to highlight that essential discovery and factual inquiries are still ongoing in this case. Granting summary judgment at this stage would hinder the parties' ability to gather evidence, interview witnesses, and complete the necessary depositions. A trial is required to resolve these disputed issues and ensure a just resolution. Considering the aforementioned factors, it is evident that summary judgment is improper in this case. We respectfully request that you allow this matter to proceed to trial, where all relevant pieces of evidence and arguments can be fully examined. Granting summary judgment at this stage would deprive us of the opportunity to present our case and have our legal rights adjudicated justly. We kindly request a hearing to present our arguments in person and address any concerns that the court may have. We are confident that, upon a complete review of the facts and applicable law, summary judgment will be deemed inappropriate. Thank you for your attention and prompt consideration of this response letter. Should the court require any additional information or clarification, please do not hesitate to contact me. I am available at your convenience. Yours sincerely, [Your Name]

Kentucky Sample Letter for Response in Connection with Motions for Summary Judgment: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Honorable Judge's Full Name] [Judge's Designation] [County Circuit Court] [County Courthouse Address] [City, State, ZIP] Re: [Case Title and Docket Number] Dear Judge [Judge's Last Name], I hope this letter finds you well. I am writing in response to the motion for summary judgment filed by the opposing party in the aforementioned case, and I respectfully request your attention and consideration to address the issues raised. First and foremost, I would like to address the grounds on which the opposing party seeks summary judgment. As per the civil procedure rules in Kentucky, a motion for 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. However, upon thorough review of the evidence and applicable law, I firmly believe that summary judgment is not appropriate in this case due to the following reasons: 1. Existence of Genuine Issues of Material Fact: It is crucial to note that there are several genuine issues of material fact that need to be resolved before granting summary judgment. These factual disputes include [describe specific issues, evidence, or testimony that raises questions on the facts of the case]. 2. Legal Arguments and Precedents: The opposing party's motion fails to consider the relevant legal arguments and precedents that support our position. Kentucky's courts have consistently held that summary judgment is not appropriate when facts are in dispute or when the application of law is debatable. We have identified several cases that are directly in line with our position, such as [cite relevant cases and explain their significance]. 3. Discovery and Trial Preparation: It is important to highlight that essential discovery and factual inquiries are still ongoing in this case. Granting summary judgment at this stage would hinder the parties' ability to gather evidence, interview witnesses, and complete the necessary depositions. A trial is required to resolve these disputed issues and ensure a just resolution. Considering the aforementioned factors, it is evident that summary judgment is improper in this case. We respectfully request that you allow this matter to proceed to trial, where all relevant pieces of evidence and arguments can be fully examined. Granting summary judgment at this stage would deprive us of the opportunity to present our case and have our legal rights adjudicated justly. We kindly request a hearing to present our arguments in person and address any concerns that the court may have. We are confident that, upon a complete review of the facts and applicable law, summary judgment will be deemed inappropriate. Thank you for your attention and prompt consideration of this response letter. Should the court require any additional information or clarification, please do not hesitate to contact me. I am available at your convenience. Yours sincerely, [Your Name]