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Maine Sample Letter for Proposed Order Granting Summary Judgment

State:
Multi-State
Control #:
US-0142LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Dear [Judge's Name], I hope this letter finds you well. I am writing to request a summary judgment in the case of [Plaintiff's Name] v. [Defendant's Name], docket number [Docket Number]. Summary judgment is an essential legal process that allows the court to render a judgment without the need for a full trial. It is typically granted when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. In this case, we firmly believe that a summary judgment is warranted based on the following grounds: 1. Lack of Genuine Issues of Material Fact: Our thorough examination of the facts reveals that there is no genuine dispute regarding the material facts of this case. The evidence presented by both parties supports the conclusion that [provide a brief summary of the undisputed facts]. 2. Legal Basis for Judgment: Based on the applicable laws and legal precedents in Maine, it is clear that Summary Judgment should be granted in favor of [Plaintiff/Defendant] as a matter of law. We have thoroughly researched and analyzed the relevant statutes, regulations, and case law, which strongly support our position. [Optional: Here, you can provide a detailed analysis of the legal arguments and authorities that substantiate your request for summary judgment.] 3. Prejudice-Free for Both Parties: Granting summary judgment in this case would not prejudice the rights of either party. The evidence and legal interpretations presented clearly favor the party seeking summary judgment, ensuring a fair and just resolution without the need for further litigation. In light of the above, we respectfully request the court to grant summary judgment in favor of [Plaintiff/Defendant]. To streamline the process, we have attached a proposed order granting summary judgment for your consideration. This proposed order outlines the relief sought and serves as a framework for the court's judgment. Thank you for your time and consideration. We trust that based on the evidence presented, legal analysis, and the applicable law, you will find in favor of the party seeking summary judgment. Respectfully submitted, [Your Name] [Your Law Firm] [Address] [Phone Number] [Email Address] Additional Types of Maine Sample Letters for Proposed Order Granting Summary Judgment: 1. Maine Sample Letter for Proposed Order Denying Summary Judgment: This type of letter would present arguments and evidence opposing the granting of summary judgment. It would outline reasons why genuine issues of material fact exist or why the moving party is not entitled to judgment as a matter of law. 2. Maine Sample Letter for Proposed Order Partially Granting Summary Judgment: In situations where genuine issues of material fact exist for some claims or defenses, this letter would propose a partial grant of summary judgment while preserving the remaining issues for trial. It would present arguments and evidence supporting the partial resolution of the case.

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Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.

Where there is n genuine issue of material fact, the court will Page 2 Appendix 5 grant summary judgment in favor of one of the parties. For example, if all the evidence shows that the light was green, the court does not need to hold a trial to determine whether the light was red or green.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

Therefore, to win on summary judgment you have to convince a judge that it is a good use of his or her very limited time and resources to write the decision. This means that your written material has to demonstrate that the law and facts support summary judgment, and contain no misstatements of law or fact.

What are the three basic items all motions must include? All motions must include (1) the motion, (2) the notice of hearing and the memorandum of points and (3) authorities.

A motion to the court must include the legal authority that supports the motion request. The moving party must explain how and why the law, case law, and/or court rule supports the request.

The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.

A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

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Plaintiffs have offered an exhibit, the Proposal, as a representative example of their typical letter-proposal. Among Miller's responsibilities in the. Proposal ... Oct 25, 2017 — Accordingly, Plaintiff has no claims remaining. The entry is: 1. The Maine Board of Overseers of the Bar's Motion for Summary Judgment is.ORDER GRANTING IN PART AND. DENYING IN PART PLAINTIFF'S. MOTION FOR ... For all the foregoing reasons, Michael's motion for summary judgment is granted in part. Sep 21, 2018 — ... a “material fact” to survive summary judgment. Moundridge, 429 F. Supp. 2d at 130 (granting summary judgment where defendants each denied ... 1. The Plaintiff's Motion is GRANTED. 2. Lieutenant Governor Fischbach ceased holding the legislative office of state senator for Senate District ... (Underlined documents are available as downloadable forms on the Court's website under the “Self-Representation” tab or upon request in paper format.) 1. Dec 15, 2015 — For the reasons set forth above, the trial court erred by granting Lubar's motion for summary judgment and by issuing a judgment of ... ORDER GRANTING SUMMARY JUDGMENT OF PLAINTIFF FLEET BANK OF MAINE AND COUNTERCLAIM DEFENDANT FEDERAL DEPOSIT INSURANCE CORPORATION ... GENE CARTER, Chief Judge. Jun 7, 2021 — ... the Summary. Judgment Order except that it will not challenge the Court's Summary Judgment Order as modified by the Proposed Stipulation. The ... 1) The Defendant may ask the Plaintiff to agree to the extension. If the Plaintiff agrees, the parties (Plaintiff and Defendant) should write their ...

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Maine Sample Letter for Proposed Order Granting Summary Judgment