Houston Texas Sample Letter for Order Granting Motion for Summary Judgment

State:
Multi-State
City:
Houston
Control #:
US-0136LTR
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.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court Address] [City, State, ZIP Code] Re: Order Granting Motion for Summary Judgment Case No: [Case Number] Plaintiff: [Plaintiff's Name] Defendant: [Defendant's Name] Dear Judge [Judge's Last Name], I hope this letter finds you well. I am writing to formally request an order granting the motion for summary judgment in the case of [Plaintiff's Name] vs. [Defendant's Name], Case No [Case Number]. I am representing [Plaintiff/Defendant] in this matter. Furthermore, I would like to outline the reasons and supporting evidence as to why we believe the motion for summary judgment should be granted. A summary judgment is proper when there is no genuine dispute of material facts and the moving is entitled to judgment as a matter of law. In our case, the facts are clear and undisputed, and the law supports the dismissal of the defendant's claims. 1. Brief Summary of the Case: [Provide a concise overview of the case, including the nature of the dispute and relevant background information.] 2. Background: [Describe the relevant events and actions that led to the legal dispute, providing necessary context for understanding the case.] 3. Legal Standard for Summary Judgment: [Explain the legal principles governing summary judgment and how they apply to the present case.] 4. Facts Supporting Summary Judgment: [Present a comprehensive and concise list of undisputed material facts that support the granting of summary judgment.] 5. Legal Arguments: [Articulate the legal arguments that support the motion for summary judgment, citing relevant case law and statutes.] 6. Supporting Evidence: [Attach any relevant documents, affidavits, deposition transcripts, expert reports, or other evidence that support the motion for summary judgment.] 7. Opposition to Motion: [If applicable, briefly address any opposition raised by the opposing party and explain why those arguments are without merit.] 8. Conclusion: [Confidently state that, based on the undisputed facts, applicable law, and supporting evidence, the court should grant the motion for summary judgment.] It is our firm belief that the facts of this case clearly support a summary judgment in favor of our client. We respectfully ask that you review the motion, evidence, and legal arguments enclosed herewith and issue an order granting our motion for summary judgment. This will provide a just resolution to the matter and avoid unnecessary further litigation. Thank you for your attention to this matter. We eagerly await your decision and remain available for any further information or clarification you may require. Sincerely, [Your Name] [Your Law Firm] [Law Firm Address] [City, State, ZIP Code]

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FAQ

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.

Letter to Judge Format Your Information (first thing that goes on the inside of the letter) Name.The Date. The Judge's Information. Honorable Judge First Name Last Name.What the Letter Is Going to Address. Follow this format ? ?Re: Sentencing of First Name Last Name of Defendant, Case No. Salutation.Body.Signature.

How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese.

Motion and Response The Defendant must respond in writing and create a fact issue for the Court in order for the matter to go to trial. Often, the consumer does not respond adequately to the motion. The response to the Motion must be filed at least 7 days prior to any hearing.

Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.

Dispositive motions therefore can accelerate the resolution of a claim or lawsuit, promote efficiency, and conserve judicial resources. For example, motions for default judgment, motions to dismiss, and motions for summary judgment all may result in the disposition of claims without a trial.

According 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 party may file a reply to a response, but there is no set time limit for doing so.

How to Persuade a Judge Your arguments must make logical sense.Know your audience. Know your case. Know your adversary's case. Never overstate your case.If possible lead with the strongest argument. Select the most easily defensible position that favors your case. Don't' try to defend the indefensible.

General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to

According 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 party may file a reply to a response, but there is no set time limit for doing so.

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What you need to know about Florida's adoption of the federal summary judgment standard when it goes into effect on May 1. 21 A trial court can only grant summary judgment on the grounds addressed in the motion for summary judgment.Action, Service of Process, Pleadings, Motions and. Pending before the court is Defendant's Motion for Summary Judgment (Doc. 26). 18. Order on Plaintiff's Motion to Approve Expanded. How do I fill out my petition? Click here for listing of local motion for time served forms. A. The Order Granting the City's Partial Summary Judgment. Motion to Acquire the Wieland Property for Permanent Flood.

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Houston Texas Sample Letter for Order Granting Motion for Summary Judgment