[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Date] [Court Name] [Judge's Name] [Judge's Address] [City, State, ZIP] Re: [Case Number/Title] Dear Honorable [Judge's Last Name], I, [Your Name], the [Plaintiff/Defendant] in the aforementioned case, hereby submit this letter as a proposed order granting summary judgment in accordance with Rule [State Rule Number] of the [State's] Rules of Civil Procedure. I respectfully request that the Court recognize the merits of my motion, hereby summarized for your consideration. I. Background: Provide a concise overview of the case and the key events leading up to the present motion, explaining the nature of the claims or defenses asserted by both parties. Highlight any significant factual disputes or legal issues essential to the summary judgment analysis. II. Statement of Facts: Present a comprehensive and unbiased summary of the undisputed material facts in the case. Cite the relevant exhibits, affidavits, or depositions that support each fact, ensuring adherence to the local rules of evidence. III. Legal Standard: Explain the legal standard for summary judgment under [State's] Rules of Civil Procedure. Cite relevant case law and statutory provisions, emphasizing the criteria necessary to establish entitlement to summary judgment. IV. Arguments: A. [Plaintiff/Defendant]'s Arguments: Articulate the key legal arguments supporting the granting of summary judgment in favor of the [Plaintiff/Defendant]. Reference specific facts and legal authorities to support each argument and demonstrate how it aligns with the governing standard for summary judgment. B. [Plaintiff/Defendant]'s Response to Opposing Party's Arguments: Address and rebut any arguments presented by the opposing party in their response to the motion for summary judgment. Demonstrate their lack of merit and explain why the facts and applicable law continue to favor the [Plaintiff/Defendant]'s position. V. Conclusion: In conclusion, the evidence presented in this case, when viewed in a light most favorable to the [Plaintiff/Defendant], clearly demonstrates that there are no genuine issues of material fact. Furthermore, the applicable law supports the granting of summary judgment in favor of the [Plaintiff/Defendant]. Accordingly, I respectfully request that this Honorable Court grant the proposed order for summary judgment and provide the necessary relief to ensure the just resolution of this case. Enclosed with this letter, please find a proposed order for your convenience. Thank you for your attention to this matter. I trust in your wisdom and impartiality in making a fair and just decision. Should you require any further information or have any questions regarding this motion, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Sincerely, [Your Name] [Your Attorney's Name, if applicable] [Your Attorney's Bar ID, if applicable]
North Dakota Sample Letter for Proposed Order Granting Summary Judgment
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How to fill out Sample Letter For Proposed Order Granting Summary Judgment?
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To start a Small Claims Court action, the Plaintiff completes the Claim Affidavit (Form 2) and files it with the clerk of court. Then, the Plaintiff arranges for service of a copy of the completed Claim Affidavit and five (5) other forms from the Small Claims Court packet on the Defendant.
Hear this out loud PauseUpon a filing party's request, an original pleading or document in any civil action, which by law is required to be filed in the clerk of court's office where the action is pending, may be removed from the files for the purpose of serving it either inside or outside the state but must be returned without delay.
Hear this out loud PauseIt is a document that details your efforts as a process server to find a defendant and is submitted to the court as evidence of your work. Quality, accurate, and timely proofs are what keep our customers coming back.
An affidavit, declaration of service, or certificate of service gives the court proof of service.
Hear this out loud PauseUpon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, within the possession, custody, or control of the prosecution, the existence of ...
(2) If the party is within this state and cannot be found, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by sending a copy by any form of mail or third-party commercial delivery addressed to the party and requiring a signed receipt and ...
The introductory paragraph should begin, "Defendant John Smith respectfully moves for summary judgment. As reasons for this motion?." Then list your arguments, as in the motion itself. Some practitioners state that you should not repeat language word for word, but I disagree.
