North Dakota Sample Letter for Response in connection with Motions for Summary Judgment

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0801LTR
• Format: Word; Rich Text

Description

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] [Email Address] [Phone Number] [Date] [Attorney's Name] [Attorney's Firm] [Address] [City, State, ZIP] Re: Response to Motions for Summary Judgment — [Case Name/Number] Dear [Attorney's Name], I hope this letter finds you well. I am writing in response to the recent filing of Motions for Summary Judgment on behalf of [Opposing Party] in the above-mentioned case. I have carefully reviewed the contentions raised in the motions and would like to provide my arguments and evidence opposing the granting of summary judgment. As you are aware, North Dakota follows the federal standard in regard to motions for summary judgment. Pursuant to Rule 56 of the North Dakota Rules of Civil Procedure, summary judgment is appropriate when the pleadings, depositions, answer to interrogatories, admissions, and affidavits, if any, demonstrate that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In the present case, I respectfully submit that summary judgment should not be granted for the following reasons: 1. Genuine Issues of Material Fact: There exist genuine issues of material fact that must be resolved by a trier of fact. [Provide a detailed explanation of the specific factual disputes and why they are material to the case]. 2. Merits of the Case: The evidence presented supports my client's claims, and there are genuine disputes as to the facts and the interpretation of the law. [Provide a brief overview of the supporting evidence and legal arguments]. 3. Jurisdictional Elements: The [Opposing Party]'s motions fail to address certain critical jurisdictional elements, which are necessary to establish the court's authority to render summary judgment. 4. Procedural Deficiencies: The [Opposing Party]'s motions do not comply with the procedural requirements specified in the North Dakota Rules of Civil Procedure. [Highlight any deficiencies, such as failure to cite supporting legal authority or supporting evidence]. In light of the above, I kindly request that the court deny the Motions for Summary Judgment filed by [Opposing Party] and allow the case to proceed to trial, where the genuine disputes of material fact can be fully examined and adjudicated upon. Therefore, I respectfully urge the court to exercise its discretion and consider the arguments and evidence presented herein. I trust that your sound judgment will prevail in ensuring a fair and just resolution of this matter. Please do not hesitate to contact me if you require any additional information or if you would like to discuss any aspect of the case further. Thank you for your attention to this matter. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Attorney's Name] [Attorney's Firm] [Address] [City, State, ZIP] Re: Response to Motions for Summary Judgment — [Case Name/Number] Dear [Attorney's Name], I hope this letter finds you well. I am writing in response to the recent filing of Motions for Summary Judgment on behalf of [Opposing Party] in the above-mentioned case. I have carefully reviewed the contentions raised in the motions and would like to provide my arguments and evidence opposing the granting of summary judgment. As you are aware, North Dakota follows the federal standard in regard to motions for summary judgment. Pursuant to Rule 56 of the North Dakota Rules of Civil Procedure, summary judgment is appropriate when the pleadings, depositions, answer to interrogatories, admissions, and affidavits, if any, demonstrate that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In the present case, I respectfully submit that summary judgment should not be granted for the following reasons: 1. Genuine Issues of Material Fact: There exist genuine issues of material fact that must be resolved by a trier of fact. [Provide a detailed explanation of the specific factual disputes and why they are material to the case]. 2. Merits of the Case: The evidence presented supports my client's claims, and there are genuine disputes as to the facts and the interpretation of the law. [Provide a brief overview of the supporting evidence and legal arguments]. 3. Jurisdictional Elements: The [Opposing Party]'s motions fail to address certain critical jurisdictional elements, which are necessary to establish the court's authority to render summary judgment. 4. Procedural Deficiencies: The [Opposing Party]'s motions do not comply with the procedural requirements specified in the North Dakota Rules of Civil Procedure. [Highlight any deficiencies, such as failure to cite supporting legal authority or supporting evidence]. In light of the above, I kindly request that the court deny the Motions for Summary Judgment filed by [Opposing Party] and allow the case to proceed to trial, where the genuine disputes of material fact can be fully examined and adjudicated upon. Therefore, I respectfully urge the court to exercise its discretion and consider the arguments and evidence presented herein. I trust that your sound judgment will prevail in ensuring a fair and just resolution of this matter. Please do not hesitate to contact me if you require any additional information or if you would like to discuss any aspect of the case further. Thank you for your attention to this matter. Sincerely, [Your Name]