In the course of litigation, it may become necessary for a party to assert the right to resist an opposing claim. This assertion of the right to resist is known as the right to oppose. This right is subject to the terms and conditions of the applicable statute or law and is generally invoked by a party to protect its interests or to prevent a claim from being enforced.
When invoked, the right to oppose requires a party to set out, in writing, the grounds of its opposition. This writing should include facts and relevant evidence to support the assertion of the right. The writing should also include information about any additional remedies sought by the party, such as a declaration of invalidity or a stay of proceedings.
Once a party has asserted its right to oppose, the opposing party may be required to respond to the writing. This response should be set out in writing and should detail the reasons for the opposition. The response should provide an exhaustive analysis of the facts and relevant evidence, and may contain counter-arguments and rebuttals. If applicable, remedies sought by the opposing party should also be discussed.
Once the response has been received, the party asserting the right to oppose has the option of withdrawing it. If the right is not withdrawn, the parties must proceed to trial. At trial, the party asserting the right to oppose must prove that its opposition is justified. This can be done through the presentation of a number of pieces of evidence. These pieces of evidence may include witness testimony, documents, reports, or any other relevant material.
Once the trial has concluded, the court must consider the evidence to determine whether the right to oppose has been established. If the right has been established, the court will issue an order that further limits the ability of the opposing party to assert a claim. The court may also grant certain remedies requested by the party asserting the right to oppose, including a stay of proceedings or a declaration of invalidity.
In sum, when asserting the right to resist an opposing claim, a party must provide a detailed writing that sets out the facts, relevant evidence, and any additional remedies sought. The opposing party must then have the opportunity to respond. Once the response has been received, the parties must proceed to trial if the right to oppose is not withdrawn. At trial, the evidence must be presented and evaluated in order to determine the status of the asserted right. If the right is established, the court will issue an order that further limits the ability of the opposing party to assert its claim.
