Your SlideShare is downloading. ×
12345678910111213141516171819202122232425262728Any PartyAny StreetAny Town, CA 55555714-555-5555Any Attorney or PartyUNITE...
12345678910111213141516171819202122232425262728Defendant, (“Defendant”), for Summary Judgment on the grounds that triable ...
12345678910111213141516171819202122232425262728MEMORANDUM OF POINTS AND AUTHORITIESI.STATEMENT OF FACTSThis case arises ou...
12345678910111213141516171819202122232425262728II.LEGAL ARGUMENTA. THE LAW IS SETTLED THAT SUMMARY JUDGMENT CAN ONLY BEGRA...
12345678910111213141516171819202122232425262728most favorable” to the non-moving party. United States v. Diebold, Inc., 36...
12345678910111213141516171819202122232425262728most favorable” to the non-moving party. United States v. Diebold, Inc., 36...
Upcoming SlideShare
Loading in...5
×

Sample opposition to rule 56 motion in united states district court

1,287

Published on

This sample opposition to a Rule 56 Motion for Summary Judgment in United States District Court is used by a party who wishes to oppose the motion on the grounds that triable issues of material fact exist. The sample includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration, and a separate statement of undisputed material facts. This is a preview of the sample sold by LegalDocsPro.

Published in: Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
1,287
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
1
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Transcript of "Sample opposition to rule 56 motion in united states district court"

  1. 1. 12345678910111213141516171819202122232425262728Any PartyAny StreetAny Town, CA 55555714-555-5555Any Attorney or PartyUNITED STATES DISTRICT COURT________ DISTRICT OF _____________Any Plaintiff,Plaintiff,vs.Any Defendant, and DOES 1-5Defendants.)))))))))))))Case No.OPPOSITION TO MOTION FOR SUMMARYJUDGMENT; MEMORANDUM OF POINTS ANDAUTHORITIES; SEPARATE STATEMENT OFUNDISPUTED MATERIAL FACS;DECLARATION OF _________; EXHIBITSDATE:TIME:PLACETo subscribe to my FREE weekly legal newsletter visithttp://www.legaldocspro.net/newsletter.htm and enter your e-mailaddress. Be sure to remove this notice and all other notices beforeusing this document.TO DEFENDANT ______________________AND THEIR ATTORNEYS OF RECORD:Plaintiff, ____________ (“Plaintiff”), hereby submits their opposition to the Motion of- 1 -
  2. 2. 12345678910111213141516171819202122232425262728Defendant, (“Defendant”), for Summary Judgment on the grounds that triable issues of material factdo exist as to who breached the contract, whether Defendant committed fraud against Plaintiff, andwhether Plaintiff is entitled to declaratory relief, as more fully set forth in the Declaration of____________________ and Exhibits attached thereto, concurrently filed and served herewith.The Opposition shall be based on this Opposition, the attached Memorandum of Points andAuthorities, the Declaration of ________________________and Exhibits attached thereto, theSeparate Statement of Undisputed Material Facts, concurrently filed and served, on the complete filesand records of this action, and on such other oral and/or documentary evidence as may be presentedat the hearing on the Motion.Dated________________ ________________________________________________________ANY ATTORNEY OR PARTY- 2 -
  3. 3. 12345678910111213141516171819202122232425262728MEMORANDUM OF POINTS AND AUTHORITIESI.STATEMENT OF FACTSThis case arises out of ________________________________________________.Put down a brief description of the case, such as breach ofcontract action, with cross-complaint, etc.Plaintiff, _______________, (“Plaintiff”), filed their complaint in the United States DistrictCourt, __________ District of __________ on ________ .The complaint alleges that________________________________________. Defendant filedan answer in which they denied all of the allegations of Plaintiffs’ complaint.Defendant then filed their Motion for Summary Judgment contending that there are no triableissues of material fact, and the complaint filed by Plaintiff has no merit.Plaintiff opposes the Motion of Defendant on the grounds that there are triable issues ofmaterial fact as to who breached the contract, whether Defendant committed fraud againstPlaintiff, and whether Plaintiff is entitled to declaratory relief. Plaintiff contends that the Court shoulddeny the Motion and allow all of the claims in this case to be heard on their merits, as the law favors.Plaintiff contends that it has credible evidence of triable issues of material fact which exist forall of the causes of action of the Complaint.Be sure to modify this to suit your individual situation. Do NOTjust use the wording here unless it definitely applies to your particularsituation.///- 3 -
  4. 4. 12345678910111213141516171819202122232425262728II.LEGAL ARGUMENTA. THE LAW IS SETTLED THAT SUMMARY JUDGMENT CAN ONLY BEGRANTED WHEN NO TRIABLE ISSUE EXISTS AS TO ANY MATERIAL FACT ANDTHE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. THEUNITED STATES SUPREME COURT HAS RULED THAT ALL REASONABLEINFERENCES DRAWN FROM THE FACTS MUST BE VIEWED IN THE LIGHT MOSTFAVORABLE TO THE NON-MOVING PARTYThe law is settled that Summary Judgment can only be granted when no triable issues ofmaterial fact exist.Federal Rule of Civil Procedure 56 (a) states in pertinent part that, “The court shall grantsummary judgment if the movant shows that there is no genuine dispute as to any material fact andthe movant is entitled to judgment as a matter of law.”As will be shown in this opposition and supporting documents, there are genuine disputes asto certain material facts. There are triable issues of material fact as to who breached the contract,whether Defendant committed fraud against Plaintiff, and whether Plaintiff is entitled to declaratoryrelief. Plaintiff contends that the Court should deny the Motion and allow all of the claims in this caseto be heard on their merits, as the law favors.For these reasons, the Defendant is not entitled to judgment as a matter of law and this Courtshould deny their Motion.The United States Supreme Court has stated that when reviewing a motion for summaryjudgment, the court must look at “the inferences to be drawn from the underlying facts . . . in the light- 4 -
  5. 5. 12345678910111213141516171819202122232425262728most favorable” to the non-moving party. United States v. Diebold, Inc., 369 U.S. 654, 655 (1962).To purchase the entire document on which this preview is based visit:http://www.scribd.com/doc/142339212/Sample-Opposition-to-Rule-56-Motion-for-Summary-Judgment-in-United-States-District-CourtTo view collections of documents for sale by LegalDocsPro visithttp://www.scribd.com/LegalDocsPro/collections- 5 -
  6. 6. 12345678910111213141516171819202122232425262728most favorable” to the non-moving party. United States v. Diebold, Inc., 369 U.S. 654, 655 (1962).To purchase the entire document on which this preview is based visit:http://www.scribd.com/doc/142339212/Sample-Opposition-to-Rule-56-Motion-for-Summary-Judgment-in-United-States-District-CourtTo view collections of documents for sale by LegalDocsPro visithttp://www.scribd.com/LegalDocsPro/collections- 5 -

×