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

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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.

Subject: Detailed Description of Maryland Sample Letter to Client concerning Hearing on Motion of Summary Judgment Dear [Client's Name], I hope this letter finds you in good health and high spirits. I am writing to inform you about the upcoming hearing on the motion of summary judgment in your case. It is crucial for you to understand the proceedings and its implications fully. Therefore, please take a moment to read this detailed description carefully. The purpose of this hearing is to determine whether the court should enter a judgment in your favor without proceeding to trial. The motion of summary judgment is typically filed when there are no genuine disputes of material facts, and the moving party believes they are entitled to judgment as a matter of law. In Maryland, a sample letter to clients regarding a hearing on the motion of summary judgment should include the following key elements: 1. Opening: Begin the letter by addressing your client in a professional and courteous manner. Express your gratitude for their attention and cooperation throughout the litigation process. 2. Introduction: Outline the purpose of the letter and provide a brief overview of the upcoming hearing on the motion of summary judgment. 3. Explanation of Summary Judgment: Explain the concept of summary judgment, highlighting that it seeks to resolve the case without the need for a trial. Emphasize that it is based on the absence of genuine disputes of material fact and the application of law. 4. Importance of the Hearing: Discuss the significance of the hearing, emphasizing that it will determine whether the case proceeds to trial or ends with a judgment in your client's favor. 5. Current Status of the Case: Briefly recap the progress of the case so far, mentioning the relevant legal issues and the evidence presented to support your client's position. 6. Arguments in Support: Outline the key arguments and legal points you intend to present during the hearing to solidify your client's case. Briefly touch upon the relevant legal precedents, statutes, or regulations. 7. Your Client's Role: Stress the importance of your client's presence and active participation during the hearing, ensuring they understand the necessity of being familiar with the case details and prepared to testify if required. 8. Potential Outcomes: Discuss the possible outcomes of the hearing, which may include the court granting summary judgment, denying the motion, or requesting additional information or arguments from both parties. 9. Closing: Reiterate your commitment to diligently represent your client's best interests and encourage them to reach out to you with any questions or concerns before the hearing date. Remember, while this sample letter provides a general structure, it is crucial to tailor it to the specifics of your client's case and follow the appropriate legal guidelines. Wishing you all the best for the upcoming hearing. Should you have any further inquiries, please do not hesitate to contact me. Yours sincerely, [Your Name] [Your Law Firm's Name] [Contact Information]

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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.

In Maryland, summary judgment may only be granted if two conditions are met. First, the moving party must establish there is no genuine dispute as to any material fact. Second, the moving party must establish that it is entitled to judgment as a matter of law. Maryland Rule 2-501(f).

A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.

You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.

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 response to a motion for summary judgment shall be in writing and shall (1) identify with particularity each material fact as to which it is contended that there is a genuine dispute and (2) as to each such fact, identify and attach the relevant portion of the specific document, discovery response, transcript of ...

If the defendant moves to summary judgment, the burden of proof moves from the plaintiff to the defendant. Rather than the plaintiff proving that they were injured, the defendant must prove that the plaintiff can't obtain evidence at all.

Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.

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In considering a motion for summary judgment, the ultimate question for this Court is whether the non-moving party has adduced sufficient facts, and reasonable ... (1) File a motion in the District Court where the case was (Use form DC-002) · You can file a motion to "alter or amend" the judgment in writing within ten (10) ...The deadline for most appeals is 30 days from entry of a final judgment or appealable order. Whenever possible, discuss your appeal deadline and appeals process ... Aug 22, 2018 — Appellant presents several questions on appeal, which we have rephrased and condensed as follows: Did the trial court err in entering summary ... A party may request a hearing on a motion for summary judgment by including the request in the motion or the response under the heading “Request for Hearing. For example, time spent with a witness to obtain an affidavit for a summary judgment motion or opposition should be included under the category “motions ... 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 ... Pre-motion letters concerning a motion for summary judgment must be filed one week in advance of the Post-Discovery Conference (see ¶3E). Page 7. Revised: July ... A motion for summary judgment may not be filed: (A) after any evidence is received at trial on the merits, or (B) unless permission of the court is granted, ... (observing that failure to file objections in writing or at the hearing results in failure to preserve ... a hearing on a motion for summary judgment is a review ...

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