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Missouri 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.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Client's Name] [Client's Address] [City, State, ZIP Code] Subject: Hearing on Motion for Summary Judgment in the State of Missouri Dear [Client's Name], 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 case, which is scheduled to take place on [Date] at [Time] in the [Court Name], located at [Court Address]. As you may already know, a Motion for Summary Judgment is a request made to the court, typically by the opposing party, to render a decision on the case without going to trial. It argues that there are no genuine disputes of material fact and that the moving is entitled to judgment as a matter of law. In simpler terms, if successful, the motion asserts that the case can be resolved in the moving's favor based on the available evidence and legal principles. In the State of Missouri, there are two types of summary judgment motions: the "Moving's Motion for Summary Judgment" and the "Respondent's Motion for Summary Judgment." The Moving's Motion for Summary Judgment: This motion is filed by the party seeking judgment as a matter of law. The moving must demonstrate that there are no genuine disputes of material fact in the case and that they are entitled to judgment based on the evidence presented. If your attorney has filed this motion on your behalf, it means they believe the case can be resolved in your favor without proceeding to trial. The Respondent's Motion for Summary Judgment: This motion is filed by the opposing party in response to the moving's motion. The respondent argues that the moving's evidence does not establish the absence of genuine disputes of material fact. It asserts that the case should proceed to trial to allow for further examination of the evidence and determination of the facts by the trier of fact. At the hearing, your attorney will present arguments and evidence supporting your position. The judge will carefully review the pleadings, affidavits, depositions, and other relevant documents submitted by both parties. They will then make a decision on whether to grant the summary judgment motion or allow the case to proceed to trial. Please note that during the hearing, it is essential for you to attend, as your presence may be necessary if any questions arise or if the judge requires your testimony. I encourage you to discuss any concerns or questions you may have with your attorney before the hearing date, to ensure you are well-prepared and informed. If you have any questions or require further clarification, please do not hesitate to reach out to us. We are here to support you throughout this legal process and will do our utmost to achieve a favorable outcome in your case. Thank you for your continued trust and cooperation. Sincerely, [Your Name] [Your Title/Position] [Law Firm Name]

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Summary judgment is appropriate only when (1) there is no genuine dispute as to any material fact, and (2) the movant is entitled to judgment as a matter of law. Missouri courts have described material facts as those that have legal probative force as to a controlling issue. See e.g., Feder v.

Responding to Motion for Summary Judgment (Either Party) Read the opposing side's motion, statement of uncontroverted facts, exhibits, and legal memo. Read back through the opposing side's statement of uncontroverted facts and determine which ones must be admitted and which should be denied.

Answer each numbered fact proposed by the moving party in separate paragraphs, using the same number. The court strongly prefers that the responding party repeat verbatim the moving party's proposed fact and then respond to it. 2. All responses should be succinctly stated.

Missouri Rule 74.04(c) provides that a summary judgment shall be granted when the moving party shows "there is no genuine issue as to any material fact." Genuine issues are to be sharply distinguished from pleaded issues.

(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.

Within 30 days after a motion for summary judgment is served, the adverse party shall serve a response on all parties. The response shall set forth each statement of fact in its original paragraph number and immediately thereunder admit or deny each of movant's factual statements.

Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.

A claimant can apply for summary judgment once the defendant has filed either an acknowledgment of service, or a defence, or if the court otherwise grants permission. A defendant can only apply for summary judgment after it has filed either an acknowledgement of service, or a defence.

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Nov 14, 2022 — Sample Demand Letter to Opposing Party or Counsel ... Please be advised that my law firm and I have been retained by [name of client] to pursue a ... Sep 14, 2021 — As stated previously, Rule 74.04 lays out the procedure for summary judgment in the state of Missouri. It is incredibly important to know ...Nov 1, 2019 — A party, intervenor, or proposed intervenor must file: Page 27. (1) the Disclosure Statement with its first appearance, pleading, petition, ... May 14, 2019 — For summary judgment motions, a party instead has 21 days to file its opposing suggestions. 3. Reply Suggestions. Within 14 days after the ... From the list below, identify the items which you would like to obtain and email your request to the appropriate Legal Services office. May 31, 2022 — client shall be plainly set out in the motion or notice; d) the attorney ... All hearings on motions regarding the mental competency of a ... Hearing Information: Include the Motion hearing date, time, judge, and courtroom below the title of each document. Only judges decide the outcome of motions. Common pre-trial motions include: Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. 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. Jul 1, 2023 — Each party may file no more than one motion for summary judgment under rule 1.981. The motion may include more than one ground authorized ...

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