Dear [Recipient's Name], I am writing to propose an order granting summary judgment in [Case Name] currently pending before the [Court Name] in the State of New Jersey. This letter aims to outline the grounds for summary judgment and the supporting legal arguments, with reference to the relevant laws and regulations in New Jersey. [Provide a brief overview of the case, highlighting the key facts and issues at hand.] Based on the evidence and applicable law, I believe that the granting of summary judgment in favor of [Plaintiff/Defendant] is legally justified and would serve the interests of justice. In New Jersey, summary judgment is guided by Rule [Number] of the New Jersey Rules of Civil Procedure [cite the specific rule]. It allows the court to enter judgment in favor of a party when there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. [Detail the legal arguments supporting the proposed summary judgment order. Discuss the specific facts, statutes, case precedents, or legal doctrines that bolster your position.] For example, if applicable, mention the doctrines of collateral estoppel or res judicata, as well as any statutes or regulations that are integral to the case. Furthermore, it is important to address any potential counterarguments or anticipated defenses that the opposing party might raise. Highlight why these arguments should be disregarded or deemed insufficient to defeat the motion for summary judgment under New Jersey law. It is crucial to note that there are different types of New Jersey Sample Letters for Proposed Order Granting Summary Judgment, depending on whether you are the plaintiff or the defendant. For plaintiffs seeking summary judgment, the letter will typically outline the merits of their claim and explain why there are no genuine issues of material fact. On the other hand, defendant-oriented sample letters will focus on disputing the plaintiff's claims and demonstrating the absence of viable causes of action. In conclusion, I respectfully request the court's consideration of the proposed order granting summary judgment. I firmly believe that, pursuant to the applicable laws and regulations in New Jersey, the evidence supports the granting of summary judgment in favor of [Plaintiff/Defendant]. I am confident that this proposed order aligns with both the letter and spirit of the law, emphasizing the interests of justice and efficiency. Please do not hesitate to reach out if you require any further information or clarification on this matter. I appreciate your attention to this request and look forward to a swift resolution. Thank you for your time and consideration. Sincerely, [Your Name] [Your Title/Position] [Law Firm/Organization Name] [Contact Information]
New Jersey Sample Letter for Proposed Order Granting Summary Judgment
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FAQ
Proposed Form of Order - A proposed order is a form that the judge can use to either grant or deny the relief sought in the motion. Every motion must be accompanied by a proposed form of order. Return date - The return date is the date on which the court will consider the motion.
Get a Fair Hearing in Court 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.
A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each of the facts in the moving party's statement. N.J.R. -2 (a) (amended eff 9/1/22); N.J.R. -2 (b) (amended eff 9/1/16).
Summary judgment - A motion for summary judgment asks the court to resolve the case in the moving party's favor without a trial because there is no dispute over the facts of the case and the law supports the moving party's position.
No injunction or restraint shall be granted in one action to stay proceedings in another pending action in the Superior Court, but such relief may be sought on counterclaim or otherwise in the pending action.
A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each of the facts in the moving party's statement. N.J.R. -2 (a) (amended eff 9/1/22); N.J.R. -2 (b) (amended eff 9/1/16).
Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
A judgment can be fully satisfied by paying the judgment creditor (the person who has the judgment against you) in full and receiving from the creditor a Warrant of Satisfaction. The Warrant of Satisfaction must be filed as set forth above.
