San Antonio Texas Sample Letter for Response in connection with Motions for Summary Judgment

• Category: Letters - Legal - Motions
• State: Multi-State
• City: San Antonio
• 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] [Recipient's Name] [Recipient's Designation] [Law Firm/Company Name] [Address] [City, State, ZIP] Subject: Response to Motion for Summary Judgment Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the Motion for Summary Judgment filed by [Opposing Party's Name] in the [Case Name] currently pending in [Court Name]. Having carefully reviewed the motion and supporting documents, I respectfully submit this letter as my response and opposing arguments to the motion. 1. Introduction: In their Motion for Summary Judgment, [Opposing Party's Name] asserts that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. However, I strongly disagree with their contentions and will outline below the reasons for such disagreement. 2. Summary of Disputed Facts: I dispute the following facts presented by [Opposing Party's Name] and believe that material disputes exist which require adjudication in a trial: — [Disputed Fact 1— - [Disputed Fact 2] - [Disputed Fact 3] — [Disputed Fact 4— - [Disputed Fact 5] 3. Legal Arguments and Analysis: a) Applicable Legal Standard: It is essential to clarify the appropriate legal standard for summary judgment. As established by the Texas Rules of Civil Procedure, summary judgment is only appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Therefore, any factual disputes or conflicting evidence should be resolved in favor of the non-moving party. b) Counterarguments and Supporting Evidence: In response to each of the disputed facts raised by [Opposing Party's Name], I present the following counterarguments along with supporting evidence: — [Counterargument 1— - [Supporting Evidence A] — [Counterargument 2— - [Supporting Evidence B] — [Counterargument 3— - [Supporting Evidence C] — [Counterargument 4— - [Supporting Evidence D] — [Counterargument 5— - [Supporting Evidence E] 4. Conclusion: Based on the aforementioned arguments and evidence, it is evident that there exist genuine issues of material fact which necessitate a trial. Granting summary judgment in favor of [Opposing Party's Name] would be premature and would deprive my client of their rights to due process and a fair trial. I respectfully request the court to deny the Motion for Summary Judgment filed by [Opposing Party's Name]. Please consider this letter as my preliminary response, and I reserve the right to further supplement my arguments and evidence as the case progresses. Thank you for your attention to this matter, and I look forward to your favorable response. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation] [Law Firm/Company Name] [Address] [City, State, ZIP] Subject: Response to Motion for Summary Judgment Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the Motion for Summary Judgment filed by [Opposing Party's Name] in the [Case Name] currently pending in [Court Name]. Having carefully reviewed the motion and supporting documents, I respectfully submit this letter as my response and opposing arguments to the motion. 1. Introduction: In their Motion for Summary Judgment, [Opposing Party's Name] asserts that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. However, I strongly disagree with their contentions and will outline below the reasons for such disagreement. 2. Summary of Disputed Facts: I dispute the following facts presented by [Opposing Party's Name] and believe that material disputes exist which require adjudication in a trial: — [Disputed Fact 1— - [Disputed Fact 2] - [Disputed Fact 3] — [Disputed Fact 4— - [Disputed Fact 5] 3. Legal Arguments and Analysis: a) Applicable Legal Standard: It is essential to clarify the appropriate legal standard for summary judgment. As established by the Texas Rules of Civil Procedure, summary judgment is only appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Therefore, any factual disputes or conflicting evidence should be resolved in favor of the non-moving party. b) Counterarguments and Supporting Evidence: In response to each of the disputed facts raised by [Opposing Party's Name], I present the following counterarguments along with supporting evidence: — [Counterargument 1— - [Supporting Evidence A] — [Counterargument 2— - [Supporting Evidence B] — [Counterargument 3— - [Supporting Evidence C] — [Counterargument 4— - [Supporting Evidence D] — [Counterargument 5— - [Supporting Evidence E] 4. Conclusion: Based on the aforementioned arguments and evidence, it is evident that there exist genuine issues of material fact which necessitate a trial. Granting summary judgment in favor of [Opposing Party's Name] would be premature and would deprive my client of their rights to due process and a fair trial. I respectfully request the court to deny the Motion for Summary Judgment filed by [Opposing Party's Name]. Please consider this letter as my preliminary response, and I reserve the right to further supplement my arguments and evidence as the case progresses. Thank you for your attention to this matter, and I look forward to your favorable response. Sincerely, [Your Name]