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Texas Sample Letter to Client concerning Hearing on Motion of Summary Judgment

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Multi-State
Control #:
US-0007LTR
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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 Code] [Email Address] [Phone Number] [Date] [Client's Name] [Client's Address] [City, State ZIP Code] Re: Hearing on Motion for Summary Judgment — [Case No.] Dear [Client's Name], I hope this letter finds you well. I am writing to inform you about the upcoming hearing on the Motion for Summary Judgment filed by the opposing party in your case, which has been scheduled for [Date] at [Time] in [Court Name], located at [Court Address]. This Motion for Summary Judgment is an important stage in your case, as it requests the court to make a final ruling on the issues without going to trial. It is crucial that you understand the implications of this hearing and its potential impact on the outcome of your case. To give you a brief overview, a summary judgment is granted when the opposing party can demonstrate that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. In simpler terms, they will try to convince the court that there is no need to proceed with a trial because the facts of the case are clear and in their favor. Our legal team has thoroughly reviewed the Motion for Summary Judgment and is prepared to present a strong argument in opposition to it. We believe that there are genuine issues of material fact in your case, and we will advocate for your rights and interests during the hearing. It is essential that you attend the hearing as your presence will allow us to better represent your position. During the hearing, the court will listen to both parties' arguments, review the supporting evidence, and make a decision based on the law and the facts presented. Your testimony and any additional support you can provide will significantly contribute to the strength of our case. We understand that this hearing may cause some apprehension and uncertainty, but I want to assure you that we are committed to vigorously defending your rights. Our team of experienced attorneys will strive to present compelling evidence, counterarguments, and legal precedents, with the aim of achieving a favorable outcome. Please feel free to reach out to us if you have any questions or concerns leading up to the hearing. We are here to support and guide you through this process. Thank you for placing your trust in our firm. We look forward to seeing you at the hearing and working together to protect your interests. Sincerely, [Your Name] [Your Law Firm Name] [Your Law Firm Address] [City, State ZIP Code] [Email Address] [Phone Number] --- Additional Types of Texas Sample Letters to Client Concerning Hearing on Motion for Summary Judgment: 1. Texas Sample Letter to Client concerning Hearing on Motion for Summary Judgment — Request for Documentation: This letter would be sent to the client, requesting any relevant documentation or evidence that could further strengthen their case in response to the opposing party's Motion for Summary Judgment. 2. Texas Sample Letter to Client concerning Hearing on Motion for Summary Judgment — Notice of Hearing Change: This letter would be sent to the client to inform them about a change in the date, time, or location of the scheduled hearing on the Motion for Summary Judgment. 3. Texas Sample Letter to Client concerning Hearing on Motion for Summary Judgment — Acceptance of Settlement Proposal: In the event that a settlement proposal is accepted by the client, this letter would confirm the acceptance and notify the client that the hearing on the Motion for Summary Judgment will no longer be necessary. 4. Texas Sample Letter to Client concerning Hearing on Motion for Summary Judgment — Request for Additional Information: If there is a need for more information or clarification from the client before the hearing, this letter would be sent to request any necessary details that could bolster their case or arguments against the Motion for Summary Judgment.

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FAQ

Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to prevail if the matter were to proceed to trial. The court must consider all designated evidence in the light most favorable to the party opposing the summary judgment motion.

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. "Material fact" refers to any facts that could allow a fact-finder to decide against the movant.

Although the law is clear that only admissible evidence may be considered on summary judgment, that does not mean that the material must be presented in a form that would be admissible at trial. Affidavits and declarations are the classic examples.

The first step in appealing a summary judgment is determining whether the order is a final judgment that can be appealed. Generally, Texas appellate courts may review only final judgments, and there can be only one final judgment in any case. See Colquitt v. Brazoria County, 324 S.W.

Therefore, to win on summary judgment you have to convince a judge that it is a good use of his or her very limited time and resources to write the decision. This means that your written material has to demonstrate that the law and facts support summary judgment, and contain no misstatements of law or fact.

Ing to Rule 166a, a summary judgment should be filed and served no less than 21 days before the hearing. Any response to the summary judgment is due no less than 7 days before the hearing.

A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.

In Texas state court, there are two types of motions for summary judgment: (1) a traditional motion for summary judgment, and (2) a no-evidence motion for summary judgment. A traditional motion argues that the non-movant cannot recover on a claim as a matter of law.

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Texas Sample Letter to Client concerning Hearing on Motion of Summary Judgment