Oklahoma 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] [Opposing Party's Name] [Opposing Party's Address] [City, State, ZIP] Re: Response to Motion for Summary Judgment — Case No. [Case Number] Dear [Opposing Party's Name], I hope this letter finds you in good health and high spirits. I am writing in response to your Motion for Summary Judgment filed on [Date], in connection with the aforementioned case pending before the [Court Name] in [City, State]. I have carefully reviewed your motion and the supporting documents submitted along with it. Upon close examination, I respectfully disagree with the arguments and assertions put forth in your motion, and I intend to counter them in this response. Please consider the following points: 1. Legal Analysis: a. Merit of the Case: As established in the [Court Name]'s procedural rules, motions for summary judgment should only be granted when there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. However, upon reviewing the case facts, it is apparent that there are valid issues of material fact that warrant a trial. b. Standard of Review: I would like to emphasize the appropriate standard of review that the court should apply in evaluating summary judgment motions. [Cite relevant procedural rule or case law]. According to this standard, summary judgment can only be granted if there is no genuine dispute as to any material facts. 2. Factual Disputes: a. [Describe specific factual disputes that are material to the case and explain why they render summary judgment inappropriate]. It is clear that these disputed issues are genuine and of significant relevance to the case, requiring a full trial for their resolution. b. [Present any additional facts or evidence necessary to dispute the opposing party's motion and support your position]. 3. Legal Arguments: a. [Present legal arguments substantiating your position and explaining why the court should not grant summary judgment]. It is essential to highlight any relevant statutes, case law, or legal principles, which demonstrate the existence of genuine issues of material fact and support the need for a trial. b. [Refer to any procedural rules or local court rules that govern summary judgment motions in Oklahoma and indicate compliance]. 4. Precedent: a. [Name any applicable legal precedents established by higher courts in Oklahoma]. These precedents illustrate how courts in the state have consistently refused to grant summary judgment when genuine disputes of material fact are present, even if one party presents a strong argument. In view of the above, I respectfully request that the court denies your Motion for Summary Judgment and, instead, allow this case to proceed to trial. I believe that a trial is necessary to fully and fairly determine the factual and legal issues at hand. Please acknowledge receipt of this letter and notify the court of your decision regarding the withdrawal or continuation of your Motion for Summary Judgment. If you choose to proceed, I kindly request that you provide me with any additional materials or documents on which you intend to rely, as soon as possible, to allow me ample time to prepare an appropriate response. Thank you for your attention to this matter. I look forward to a fair and just resolution of this case. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Name] [Opposing Party's Address] [City, State, ZIP] Re: Response to Motion for Summary Judgment — Case No. [Case Number] Dear [Opposing Party's Name], I hope this letter finds you in good health and high spirits. I am writing in response to your Motion for Summary Judgment filed on [Date], in connection with the aforementioned case pending before the [Court Name] in [City, State]. I have carefully reviewed your motion and the supporting documents submitted along with it. Upon close examination, I respectfully disagree with the arguments and assertions put forth in your motion, and I intend to counter them in this response. Please consider the following points: 1. Legal Analysis: a. Merit of the Case: As established in the [Court Name]'s procedural rules, motions for summary judgment should only be granted when there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. However, upon reviewing the case facts, it is apparent that there are valid issues of material fact that warrant a trial. b. Standard of Review: I would like to emphasize the appropriate standard of review that the court should apply in evaluating summary judgment motions. [Cite relevant procedural rule or case law]. According to this standard, summary judgment can only be granted if there is no genuine dispute as to any material facts. 2. Factual Disputes: a. [Describe specific factual disputes that are material to the case and explain why they render summary judgment inappropriate]. It is clear that these disputed issues are genuine and of significant relevance to the case, requiring a full trial for their resolution. b. [Present any additional facts or evidence necessary to dispute the opposing party's motion and support your position]. 3. Legal Arguments: a. [Present legal arguments substantiating your position and explaining why the court should not grant summary judgment]. It is essential to highlight any relevant statutes, case law, or legal principles, which demonstrate the existence of genuine issues of material fact and support the need for a trial. b. [Refer to any procedural rules or local court rules that govern summary judgment motions in Oklahoma and indicate compliance]. 4. Precedent: a. [Name any applicable legal precedents established by higher courts in Oklahoma]. These precedents illustrate how courts in the state have consistently refused to grant summary judgment when genuine disputes of material fact are present, even if one party presents a strong argument. In view of the above, I respectfully request that the court denies your Motion for Summary Judgment and, instead, allow this case to proceed to trial. I believe that a trial is necessary to fully and fairly determine the factual and legal issues at hand. Please acknowledge receipt of this letter and notify the court of your decision regarding the withdrawal or continuation of your Motion for Summary Judgment. If you choose to proceed, I kindly request that you provide me with any additional materials or documents on which you intend to rely, as soon as possible, to allow me ample time to prepare an appropriate response. Thank you for your attention to this matter. I look forward to a fair and just resolution of this case. Sincerely, [Your Name]