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Sample response to motion for summary judgment credit card

Opposition summary judgment 2025

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The document is a legal response from the defendants in a Chancery Court case in Mississippi, opposing the plaintiffs' motion for partial summary judgment regarding reimbursement of remodeling expenses and disbursement of insurance proceeds. The defendants argue that they are liable for certain remodeling expenses but entitled to a set-off, and assert that the plaintiffs are not entitled to the disputed insurance proceeds based on the contractual language of an Agreement and Addendum related to a sales transaction. The response details various categories of insurance proceeds and emphasizes that genuine issues of material fact exist, preventing summary judgment.

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How do you affirm in opposition to a motion for summary judgment?

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.

Can a summary judgment be reversed?

While your particular odds will depend on the particular facts, you can expect the California Court of Appeal to reverse, on average, about 29% of the summary judgments that are appealed.

How many days before an MSJ is the opposition due?

New Rules (Effective January 1, 2025) and codified in CCP 473c(a): Motion for summary judgment or summary adjudication: 81 days before the hearing. Opposition to the motion: 20 days before the hearing.

How do you defend against a motion for summary judgment?

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 defenses evidence.