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

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Multi-State
Control #:
US-0007LTR
Format:
Word; 
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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], I hope this letter finds you well. I am writing to inform you about an important development in your case. We have recently received notice from opposing counsel that they have filed a motion for summary judgment regarding your case in the state of Michigan. A motion for summary judgment is a legal request made by either party in a lawsuit, asking the court to make a decision on the case without going through a full trial. Typically, this motion is filed when the moving party (in this case, the opposing counsel) believes that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. In other words, they argue that the evidence is so overwhelmingly in their favor that there is no need for a trial. This hearing on the motion of summary judgment is a crucial step in the litigation process. It allows both parties to present arguments and evidence supporting their positions before the judge. The judge will carefully review the arguments and evidence presented and make a decision on whether the case can proceed to trial or if summary judgment should be granted. It is essential for us to thoroughly prepare for this hearing to ensure the best possible outcome for your case. We will gather all relevant evidence, review the legal arguments put forth by opposing counsel, and counter them with strong rebuttals. Our objective is to demonstrate to the court that there are genuine issues of material fact that require a trial, and that summary judgment should not be granted. Please be aware that there are different types of motions for summary judgment that can be filed in Michigan, depending on the circumstances of your case. Some common types of summary judgment motions include: 1. Traditional Motion for Summary Judgment: This is the most common type of motion filed, arguing that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. 2. Partial Motion for Summary Judgment: This motion seeks summary judgment only on specific issues or claims within the case, rather than the entire case itself. 3. Cross-Motion for Summary Judgment: When both parties believe that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law, a cross-motion for summary judgment can be filed. This essentially means that each party is requesting summary judgment in their favor. Rest assured, we will diligently work on preparing a strong response to the motion for summary judgment filed by opposing counsel. Our aim is to convince the court that there are indeed genuine issues of material fact and that a trial is necessary to ensure justice is served. In the coming days, we will be in touch to discuss the specific details in-depth and address any concerns or questions you may have. Your active participation and cooperation are crucial during this phase of the litigation process. Thank you for your continued trust and support. We will do everything in our power to achieve the best possible outcome for your case. Please feel free to reach out to us at any time should you require further clarification or assistance. Warm regards, [Your Name] [Your Law Firm's Name] [Your Contact Information]

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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.

If the Court denies a Motion for Summary Judgment, the case will proceed to trial, unless the parties agree to settle the case. Therefore, when the Court denies a Motion for Summary Judgment, the judge is not saying that the moving party has lost the claims or defenses raised in the Motion.

While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.

Summary adjudication is a pre-trial procedural device that allows a court to determine the merits of a particular cause of action, an affirmative defense, a claim for damages, and/or an issue of duty. This procedural device can be brought by either party by a motion and is commonly used in California's civil procedure.

Summary hearing means a short, concise, and immediate hearing. Summary hearing means a proceeding in which the Law Society requests that the matter be assigned to a single member panel under para. 1 of s. 2(1) of O. Reg.

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.

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.

Parties file motions for summary judgment, requesting judgment in their favor without a trial, when either there is no dispute as to the material facts, or the other side cannot prove their claims or defenses.

A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.

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