[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Courthouse Address] [City, State, ZIP] Re: Proposed Order Granting Summary Judgment Case Name: [Plaintiff] vs. [Defendant] Case Number: [Case Number] Dear Judge [Judge's Last Name], I, [Your Name], representing the [Plaintiff/Defendant] in the aforementioned case, am hereby submitting this letter to propose an order granting summary judgment. This proposal is based on the facts and legal arguments laid out in the accompanying Motion for Summary Judgment filed on [Date]. Summary judgment is a procedure used in civil litigation to expedite the judicial process and limit unnecessary trials when there is no genuine dispute of material facts. It allows for the swift resolution of cases where the parties' positions are clear and there are no facts in dispute that require a trial for resolution. In this particular case, the facts are well established and there is ample evidence to support the proposed order granting summary judgment. The summary judgment motion and its supporting documents thoroughly present the legal arguments and demonstrate that, as a matter of law, the [Plaintiff/Defendant] is entitled to judgment in their favor. [Describe the relevant facts of the case, highlighting key details that support your argument for summary judgment.] The legal basis upon which summary judgment should be granted is laid out in the motion, specifically citing relevant statutes, case law, and any applicable Nebraska laws or precedents. The motion makes a compelling argument that there is no genuine issue as to any material fact and that the [Plaintiff/Defendant] is entitled to judgment as a matter of law. Based on the foregoing, I respectfully request that the court grant the proposed order for summary judgment in this case. By doing so, the court will efficiently dispose of this matter, saving valuable time and resources for all parties involved. If the court finds it necessary, I am available to present oral arguments in support of the aforementioned motion at a scheduled hearing. However, I believe that the motion and accompanying documents provide a comprehensive and well-supported argument for granting summary judgment without the need for an oral hearing. Thank you for your attention to this matter. Sincerely, [Your Name]
Nebraska Sample Letter for Proposed Order Granting Summary Judgment
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How to fill out Nebraska Sample Letter For Proposed Order Granting Summary Judgment?
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FAQ
Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case.
The main factors that will be taken into account by the court are whether: A claim, issue or a defence to a claim or issue has no real prospect of success. And there is no other compelling reason for a trial.
A motion raising a substantial issue of law must be supported by a brief filed and served together with the motion. The brief must be separate from, and not attached to or incorporated in, the motion or index of evidence. The brief must concisely state the reasons for the motion and cite to supporting authority.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.
Summary judgment is a drastic remedy that should be granted only if no triable issues of fact exist and the movant is entitled to judgment as a matter of law. Alvarez v. Prospect Hosp., 68 N.Y. 2d 320, 324 [1986]; Andre v.
Summary judgment is to be granted only when the pleadings, depositions, admissions, stipulations, and affidavits disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from these facts and that the moving party is entitled to judgment as a matter of law.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial.
