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New Hampshire Sample Letter for Response in connection with Motions for Summary Judgment

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Multi-State
Control #:
US-0801LTR
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Word; 
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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] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: Response to Motion for Summary Judgment Case: [Case Name] Court: [Court Name] Docket No: [Docket Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the Motion for Summary Judgment filed by the opposing party in the above-mentioned case. As the defendant, I would like to present the following arguments and evidence in opposing the motion. 1. Introduction: In their motion, the opposing party contends that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. However, I respectfully disagree with their interpretation of the facts and the applicable legal standards. 2. Genuine Issues of Material Fact: Contrary to what the opposing party claims, there are significant factual disputes that preclude granting summary judgment. [Provide specific details about genuine issues of material fact in your case, along with supporting evidence and citations to relevant exhibits or documents.] 3. Legal Arguments: a) [Specify the appropriate legal standard in New Hampshire for granting summary judgment and explain how it applies to your case. Cite relevant statutes, case law, or legal principles.] b) [Highlight any legal errors or misinterpretations made by the opposing party in their motion, and provide counterarguments supported by legal authority.] 4. Supporting Evidence: Attached to this letter, you will find the following documents that support our position in opposing the motion: — Exhibit A: [Briefly describe the exhibit and its relevance to the case] — Exhibit B: [Briefly describe the exhibit and its relevance to the case] — [Provide a comprehensive list of all exhibits and supporting materials attached] 5. Request for Oral Argument: Considering the complexity of the legal issues involved and the existence of genuine issues of material fact, I respectfully request the opportunity to present oral arguments in opposition to the Motion for Summary Judgment. I believe that an oral hearing will provide the court with a better understanding of the facts and the gravity of the disputed issues. In light of the above arguments and evidence, I urge the court to deny the opposing party's motion. Granting summary judgment at this stage would be premature and would unjustly deprive me of my right to a fair trial. Should the court require any further information or clarification, please do not hesitate to contact me. I look forward to the court's consideration of this response and the opportunity to present my case in due course. Thank you for your attention to this matter. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: Response to Motion for Summary Judgment Case: [Case Name] Court: [Court Name] Docket No: [Docket Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the Motion for Summary Judgment filed by the opposing party in the above-mentioned case. As the defendant, I would like to present the following arguments and evidence in opposing the motion. 1. Introduction: In their motion, the opposing party contends that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. However, I respectfully disagree with their interpretation of the facts and the applicable legal standards. 2. Genuine Issues of Material Fact: Contrary to what the opposing party claims, there are significant factual disputes that preclude granting summary judgment. [Provide specific details about genuine issues of material fact in your case, along with supporting evidence and citations to relevant exhibits or documents.] 3. Legal Arguments: a) [Specify the appropriate legal standard in New Hampshire for granting summary judgment and explain how it applies to your case. Cite relevant statutes, case law, or legal principles.] b) [Highlight any legal errors or misinterpretations made by the opposing party in their motion, and provide counterarguments supported by legal authority.] 4. Supporting Evidence: Attached to this letter, you will find the following documents that support our position in opposing the motion: — Exhibit A: [Briefly describe the exhibit and its relevance to the case] — Exhibit B: [Briefly describe the exhibit and its relevance to the case] — [Provide a comprehensive list of all exhibits and supporting materials attached] 5. Request for Oral Argument: Considering the complexity of the legal issues involved and the existence of genuine issues of material fact, I respectfully request the opportunity to present oral arguments in opposition to the Motion for Summary Judgment. I believe that an oral hearing will provide the court with a better understanding of the facts and the gravity of the disputed issues. In light of the above arguments and evidence, I urge the court to deny the opposing party's motion. Granting summary judgment at this stage would be premature and would unjustly deprive me of my right to a fair trial. Should the court require any further information or clarification, please do not hesitate to contact me. I look forward to the court's consideration of this response and the opportunity to present my case in due course. Thank you for your attention to this matter. Sincerely, [Your Name]

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FAQ

The Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages. A Declaration is a sworn statement to the Court where you write the facts that support your opposition.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

A Declaration is a sworn statement to the Court stating facts supporting your Opposition. These facts must come from the declarant's own personal knowledge of the events. The declarant should also explain how he or she obtained knowledge of the facts included in the Declaration.

If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.

Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.

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.

Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr. Smith relies on the attached memorandum of law."

A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.

More info

This form is a sample letter in Word format covering the subject matter of the title of the form. Motions File Related forms. An objection to a motion for summary judgment shall be accompanied by a response to the moving party's statement of material undisputed facts identifying ...both the New Hampshire Bar and the bar of this court. These ... example, a motion to dismiss or a motion for summary judgment) shall certify to the court. Every motion for summary judgment or its supporting memorandum shall be accompanied by a separate statement of the material facts as to which the moving party ... ORDER. This matter is before the Court on the motion of plaintiff New Hampshire. Insurance Company (“New Hampshire”) for summary judgment and on the motion ... Sep 30, 2008 — As with many motions, when seeking summary judgment, a party must serve and file appropriate supporting material (affidavit evidence and a ... ... the New Hampshire Secretary of State from sending a letter to those who executed domicile affidavits informing them of the need to obtain a New. Hampshire ... The FBI moves for summary judgment on Villar's claim challenging its response to the ... Should the FBI file a new motion for summary judgment, it must support ... Sep 5, 2023 — "Summary judgment affords savings in time, effort and expense by avoiding a full trial under certain circumstances. The value of judicial ... Aug 14, 2023 — Plaintiffs have moved for summary judgment as to (i) the Fourteenth Amendment's procedural due process/vagueness claim alleged in Counts I and ...

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New Hampshire Sample Letter for Response in connection with Motions for Summary Judgment