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Oklahoma Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees

State:
Multi-State
Control #:
US-0376LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Dear [Defendant's Name], I am writing in response to your recent Motion for Attorneys Fees in [Case Name], which was filed on [Date]. As the plaintiff in this case, I would like to present a detailed response addressing the key points raised in your motion. Firstly, I would like to clarify that the state of Oklahoma follows a common rule when it comes to awarding attorneys fees. Under this rule, each party is generally responsible for their own legal expenses unless a specific statute, contract, or exception applies. Therefore, it is important to carefully review the governing laws and contractual agreements before claiming entitlement to attorneys fees. In your motion, you have contended that you are entitled to attorneys fees based on [specific statute/contractual clause]. However, upon careful examination of the relevant laws and documents, it is evident that this particular provision is not applicable in our case. [Provide appropriate legal arguments and supporting evidence to counter the defendant's claim.] Furthermore, it is important to note that even if the aforementioned provision did apply, the circumstances of this case do not warrant the award of attorneys fees to the defendant. Oklahoma courts typically consider several factors before granting such a request, including the reasonableness and necessity of the fees claimed, the complexity of the case, the conduct of the parties, and the financial resources of both parties involved. In this regard, I would like to highlight that throughout the proceedings, the defendant's actions have contributed significantly to the length and complexity of this case. [Provide specific instances, if applicable, where the defendant's conduct has caused delays or complexities.] As a result, it would be unfair and unjust to burden the plaintiff with the defendant's legal expenses. Additionally, it is crucial to mention that the financial resources of the parties involved should also be considered. As the plaintiff, I have limited financial means and would face undue hardship if burdened with the defendant's attorneys fees. On the other hand, the defendant has demonstrated sufficient financial capability to bear their own legal expenses. Considering these points, I respectfully request that the court deny the defendant's Motion for Attorneys Fees in its entirety. I believe the facts, applicable laws, and the principles of fairness and justice support this request. Should the court require further information or clarification, please do not hesitate to contact me. I remain committed to reaching a just resolution in this case. Thank you for your attention to this matter. Sincerely, [Plaintiff's Name] [Plaintiff's Contact Information]

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FAQ

Requests for production of documents compel the opposing party to produce certain documents in his/her control. Like interrogatories, the response to this request must be provided within 30 days except the Respondent does not have to response any sooner than 45 days from the service of the petition and summons.

A court may decide a motion for either a summary judgment or summary disposition without a hearing, and where this is done, the court shall notify the parties of its ruling in writing by mail or email.

If you are served with a summons, note the deadline for when you need to respond. In most civil cases, you must respond within twenty days after you are served. To respond, you must file a written response with the court clerk, and mail your response to the opposing party or his attorney.

The Petition must be served on the defendant(s) along with a Summons. The Summons is issued by the Court Clerk and provides notice to the defendant(s) that they have been sued and directs them to respond by filing an Answer within twenty (20) days of the date they receive the Summons and Petition.

In Oklahoma, a Petition for Divorce is usually served on the other spouse along with a blank form ?answer.? In an answer, whether a form answer or a pleading, you answer (or respond to) each allegation made in the divorce petition. You indicate whether you agree or disagree with each allegation.

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Oklahoma Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees