Letter for Response to Motion for Summary Judgment in Montgomery, Maryland [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Party's Attorney Name] [Opposing Party's Attorney Address] [City, State, ZIP Code] Re: Response to Motion for Summary Judgment — Case No. [Case Number] Dear [Opposing Party's Attorney Name], I hope this letter finds you well. I am writing in response to the Motion for Summary Judgment filed by your client in the above-mentioned case. I vehemently oppose the motion and would like to present the following arguments. 1. Standard of Review: It is vital to consider the appropriate standard of review for a motion for summary judgment in Montgomery, Maryland. As per Rule 2-501 of the Maryland Rules of Civil Procedure, a summary judgment should only be granted when no genuine dispute of material fact exists, and the moving is entitled to judgment as a matter of law. 2. Genuine Issues of Material Fact: In reviewing the facts of this case, it becomes evident that there are genuine disputes over key material issues. It is imperative to present these disputed facts as they raise valid concerns regarding the appropriateness of granting summary judgment. These factual disputes cannot be resolved adequately without a full trial. 3. Evidentiary Support: Our opposition to the motion is supported by a multitude of evidence, including testimonies, documents, and expert reports. We will submit these pieces of evidence during trial to substantiate our claims and contradict the assertions made in the motion for summary judgment. 4. Legal Precedents: Numerous legal precedents established by the Montgomery County Circuit Court and the Maryland Court of Appeals favor denying summary judgment in cases with substantial disputed matters of fact and law. We will rely on these precedents to demonstrate that a trial is essential to fully examine and resolve the issues in contention. In light of the above reasons, I respectfully request that you withdraw the Motion for Summary Judgment. Moreover, considering the presence of genuine disputes of material fact and the need for a trial to render a just decision, I urge you to pursue alternative means of resolution, such as mediation or settlement negotiations. Should you choose to proceed with the motion, we will put forward a comprehensive memorandum of law within the time allotted by the Court. Additionally, we request ample opportunity for oral argument to present our case fully. Thank you for your attention to this matter. I trust that we can find a fair resolution to this dispute. Please do not hesitate to contact me at the address provided above should you have any questions or require further information. Sincerely, [Your Name] Enclosures: None
Montgomery Maryland Sample Letter for Response in connection with Motions for Summary Judgment
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FAQ
Drafting A Motion For Summary Judgment Your task is to demonstrate two simple things: 1) the material facts are undisputed (i.e., there are no genuine issues of material fact); and 2) you are entitled to judgment as a matter of law on those facts.
Motion Memorandum Outline Example Introduction/Issue. Facts. Rule (e.g. standard for summary judgment) Analysis/Argument. Issue #1 Heading. Issue #1 (summary statement or paragraph) Rule (law that applies to your issue)Conclusion of Memo (summarize why the court should grant your motion)
If a motion for summary judgment is filed against you, you must file an opposition to the motion for summary judgment showing that there are issues of fact in dispute. A response must be in writing and include the same supporting documents as a motion for summary judgment.
If you do not file a response, the party suing you (the plaintiff) can get a judgment against you for the full amount requested in the lawsuit and you will not be able to tell the court why you do not owe it.
Under Civil Rule 6(C), a response to a motion for summary judgment is now due 28 days after service of the motion, and the reply is due 7 days after service of the response. For all other motions, the response is due 14 days after service of the motion, and the reply is due 7 days after the response.
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.
Generally speaking, when a lawyer files a motion, the opponent can file a response, and the first lawyer can file a reply. Occasionally, a court may allow a reply to the reply, called a surreply.
Drafting A Motion For Summary Judgment Your task is to demonstrate two simple things: 1) the material facts are undisputed (i.e., there are no genuine issues of material fact); and 2) you are entitled to judgment as a matter of law on those facts.
A motion requests the Court to take action under a specific Federal Rule. To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment.
A Response or Reply to the Opposing Party's Pleadings is your answer to the opposing party's document filed with the Court. A Response is the initial answering document to a motion while a Reply is an answering documents filed to a Response.
