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Wyoming Sample Letter for Response in connection with Motions for Summary Judgment

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Multi-State
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US-0801LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.
Wyoming Sample Letter for Response in connection with Motions for Summary Judgment [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 Dear [Opposing Party's Name], I hope this letter finds you well. I am writing to provide a thorough response in connection with the Motion for Summary Judgment filed against me by your counsel on [Date]. I have carefully reviewed the motion and relevant case law and would like to present my arguments in opposition. First and foremost, I would like to highlight that Wyoming law provides for summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In this case, however, there exist several disputed issues of fact that necessitate a trial rather than granting summary judgment. 1. Material Facts in Dispute: [Detail specific facts that are in dispute and demonstrate their significance in relation to the case] 2. Legal Arguments Against Summary Judgment: a) [Present an argument against the legal basis for summary judgment, citing applicable Wyoming statutes or case law] b) [Address any potential procedural defects or inconsistencies in the motion] 3. Affidavits and Supporting Documents: a) [Attach any relevant affidavits or witness statements that contradict the opposing party's factual assertions] b) [Include any additional documentary evidence, such as contracts, photographs, or expert reports, that support your position] 4. Precedent and Case Law: a) [Cite relevant Wyoming court decisions that support your position and distinguish them from cases cited by the opposing party] b) [Provide a detailed analysis of how the precedents and case law are applicable to the present case] It is important to emphasize that summary judgment is an extraordinary remedy that should only be granted when there are no genuine issues of material fact. Given the factual disputes in this case, it would be premature to deprive me of my right to present my case before a jury. Granting the motion for summary judgment would not only violate my rights, but it would also undermine the principles of fairness and justice that our legal system upholds. I kindly request that you and your counsel carefully consider this response and the points raised, in order to make an informed decision regarding the pending motion for summary judgment. Please be advised that I reserve the right to supplement this response once all relevant evidence has been fully disclosed. Thank you for your attention to this matter. I look forward to receiving your timely response. Sincerely, [Your Name]

Wyoming Sample Letter for Response in connection with Motions for Summary Judgment [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 Dear [Opposing Party's Name], I hope this letter finds you well. I am writing to provide a thorough response in connection with the Motion for Summary Judgment filed against me by your counsel on [Date]. I have carefully reviewed the motion and relevant case law and would like to present my arguments in opposition. First and foremost, I would like to highlight that Wyoming law provides for summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In this case, however, there exist several disputed issues of fact that necessitate a trial rather than granting summary judgment. 1. Material Facts in Dispute: [Detail specific facts that are in dispute and demonstrate their significance in relation to the case] 2. Legal Arguments Against Summary Judgment: a) [Present an argument against the legal basis for summary judgment, citing applicable Wyoming statutes or case law] b) [Address any potential procedural defects or inconsistencies in the motion] 3. Affidavits and Supporting Documents: a) [Attach any relevant affidavits or witness statements that contradict the opposing party's factual assertions] b) [Include any additional documentary evidence, such as contracts, photographs, or expert reports, that support your position] 4. Precedent and Case Law: a) [Cite relevant Wyoming court decisions that support your position and distinguish them from cases cited by the opposing party] b) [Provide a detailed analysis of how the precedents and case law are applicable to the present case] It is important to emphasize that summary judgment is an extraordinary remedy that should only be granted when there are no genuine issues of material fact. Given the factual disputes in this case, it would be premature to deprive me of my right to present my case before a jury. Granting the motion for summary judgment would not only violate my rights, but it would also undermine the principles of fairness and justice that our legal system upholds. I kindly request that you and your counsel carefully consider this response and the points raised, in order to make an informed decision regarding the pending motion for summary judgment. Please be advised that I reserve the right to supplement this response once all relevant evidence has been fully disclosed. Thank you for your attention to this matter. I look forward to receiving your timely response. Sincerely, [Your Name]

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1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.

If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.

Despite the final ruling, the losing party can still ask the court to reconsider the ruling or grant a new trial. If desired, they can appeal the summary judgment to a higher court for review. However, keep in mind that strict time limits apply to these appeals procedures.

Reply Deadline The deadline to file a Reply is no later than 14 days before the hearing date set for the Motion.

There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defense's evidence.

Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr. Smith relies on the attached memorandum of law."

The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

All responses should be succinctly stated. 3. State clearly whether the fact is disputed or undisputed. If you dispute a proposed fact, state your version of the fact and cite to evidence that supports that version.

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Wyoming Sample Letter for Response in connection with Motions for Summary Judgment