Texas 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] [Name of the Judge] [Judge's Designation] [Address of the Court] [City, State, ZIP] [Case Caption] Re: Response to Motion for Summary Judgment Dear [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing in response to the Motion for Summary Judgment filed by the opposing party in the aforementioned case. I kindly request your attention to the following arguments opposing the Motion for Summary Judgment. 1. Introduction: In support of my arguments, I shall present a detailed analysis of the facts and applicable legal principles that demonstrate the existence of genuine issues of material fact and warrant denial of the Motion for Summary Judgment. 2. Genuine Issues of Material Fact: a) [Insert specific legal argument or fact] b) [Insert specific legal argument or fact] c) [Insert specific legal argument or fact] 3. The Legal Standard for Granting Summary Judgment: In the state of Texas, the legal standard for granting summary judgment is stringent and requires the absence of any genuine issues of material fact. The party moving for summary judgment must demonstrate through competent evidence that no genuine issues of material fact exist, making judgment as a matter of law appropriate. However, upon careful examination of the facts and applicable law, it becomes evident that genuine issues of material fact indeed do exist in this case. 4. Case Law and Presidential Guidance: I want to draw your attention to relevant case law and presidential guidance that supports my argument against granting the Motion for Summary Judgment. Some notable cases include: [list relevant cases and their key points] 5. Factual Disputes: There are significant factual disputes that require a thorough examination during trial or further discovery. Therefore, granting summary judgment at this stage would be premature and unjust. 6. Evidentiary Support: I have attached a separate statement of genuine issues of material fact and supporting evidence, including affidavits, deposition transcripts, and other relevant documents. This evidence signifies the existence of disputed material facts that necessitate a trial to ascertain the truth. 7. Conclusion: In light of the genuine issues of material fact and the prevailing legal standards in Texas, I respectfully urge the court to deny the opposing party’s Motion for Summary Judgment. Granting summary judgment would be contrary to the principles of justice and would deprive me of my rights as a party to this litigation. Thank you for your attention to this matter. I look forward to the court's ruling and the opportunity to present my case fully during trial. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Name of the Judge] [Judge's Designation] [Address of the Court] [City, State, ZIP] [Case Caption] Re: Response to Motion for Summary Judgment Dear [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing in response to the Motion for Summary Judgment filed by the opposing party in the aforementioned case. I kindly request your attention to the following arguments opposing the Motion for Summary Judgment. 1. Introduction: In support of my arguments, I shall present a detailed analysis of the facts and applicable legal principles that demonstrate the existence of genuine issues of material fact and warrant denial of the Motion for Summary Judgment. 2. Genuine Issues of Material Fact: a) [Insert specific legal argument or fact] b) [Insert specific legal argument or fact] c) [Insert specific legal argument or fact] 3. The Legal Standard for Granting Summary Judgment: In the state of Texas, the legal standard for granting summary judgment is stringent and requires the absence of any genuine issues of material fact. The party moving for summary judgment must demonstrate through competent evidence that no genuine issues of material fact exist, making judgment as a matter of law appropriate. However, upon careful examination of the facts and applicable law, it becomes evident that genuine issues of material fact indeed do exist in this case. 4. Case Law and Presidential Guidance: I want to draw your attention to relevant case law and presidential guidance that supports my argument against granting the Motion for Summary Judgment. Some notable cases include: [list relevant cases and their key points] 5. Factual Disputes: There are significant factual disputes that require a thorough examination during trial or further discovery. Therefore, granting summary judgment at this stage would be premature and unjust. 6. Evidentiary Support: I have attached a separate statement of genuine issues of material fact and supporting evidence, including affidavits, deposition transcripts, and other relevant documents. This evidence signifies the existence of disputed material facts that necessitate a trial to ascertain the truth. 7. Conclusion: In light of the genuine issues of material fact and the prevailing legal standards in Texas, I respectfully urge the court to deny the opposing party’s Motion for Summary Judgment. Granting summary judgment would be contrary to the principles of justice and would deprive me of my rights as a party to this litigation. Thank you for your attention to this matter. I look forward to the court's ruling and the opportunity to present my case fully during trial. Sincerely, [Your Name]