Need Plaintiff Affidavit For Motion For Summary Jugdment Form

State:
Multi-State
Control #:
US-01923BG
Format:
Word
Instant download

Description

The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


Rule 56(e)(1) of the Federal Rules of Civil Procedure provides in part: "A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated."

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  • Preview Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff
  • Preview Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

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FAQ

When a party makes a motion in a case, that party is called the movant. For example, if a plaintiff in a civil case moves for summary judgment, the plaintiff is the movant.

If you want to file a motion, the process is generally something like this:You write your motion.You file your motion with the court clerk.The court clerk inserts the date and time your motion will be heard by the judge.You serve (mail) your motion to the other side.More items...

You can defeat the grant of summary judgment by presenting a multi-pronged attack. Don't rely on just lack of discovery (evidence), lack of particularity, or failure to strike affirmative defenses. If you can, point to other weaknesses in your opponent's motion.

Write the facts relevant to the motion. At the end of each sentence, write where evidence of that fact can be found. See the Instructions for more detailed information. Explain your response to each of the arguments made in the Motion.

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.

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Need Plaintiff Affidavit For Motion For Summary Jugdment Form