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You should draft your own affidavit or affirmation in opposition to the motion. 1 . An affirmation is a statement which is made under penalty of perjury. An affidavit is sworn to before a licensed notary public of the state.
An affidavit is a written document, signed under oath or affirmation. Because the affidavit is a sworn document, the affiant (the person who gave the statement) is guilty of perjury if he lies in the document. Affirm an affidavit by signing it under oath.
If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
It is essentially a written legal argument. It will restate key facts, cite cases and statutes, and explain why something should--or should not--be done.