Alabama Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

State:
Multi-State
Control #:
US-01923BG
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Word
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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."

The Alabama Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a legal document filed by the plaintiff in a civil lawsuit in the state of Alabama. This affidavit is an essential part of the plaintiff's motion for summary judgment, which aims to resolve a case without going to trial. In this affidavit, the plaintiff provides sworn facts and evidence supporting their motion for summary judgment. It offers a detailed explanation of the facts of the case, highlighting why the plaintiff believes they are entitled to judgment in their favor as a matter of law. By filing this affidavit, the plaintiff aims to demonstrate that there are no genuine issues of material fact and that they should be awarded judgment based on the merits of the case. Keywords: Alabama Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff, legal document, civil lawsuit, motion for summary judgment, resolve a case, evidence, sworn facts, entitlement to judgment, matter of law, genuine issues of material fact, merits of the case. Different types of Alabama Affidavits of Plaintiff Supporting Motion for Summary Judgment by Plaintiff may include: 1. Alabama Affidavit of Plaintiff Supporting Motion for Summary Judgment in a Contract Dispute: This type of affidavit is specific to cases where the plaintiff is seeking summary judgment in a contract dispute. It may include relevant evidence such as the written contract, correspondence, and other supporting documents to prove the breach of contract and the plaintiff's entitlement to judgment. 2. Alabama Affidavit of Plaintiff Supporting Motion for Summary Judgment in a Personal Injury Case: This type of affidavit is used when the plaintiff is seeking summary judgment in a personal injury case. It may present medical records, accident reports, expert opinions, and other evidence to establish liability and demonstrate the extent of the plaintiff's injuries, leading to the request for judgment in their favor. 3. Alabama Affidavit of Plaintiff Supporting Motion for Summary Judgment in a Real Estate Dispute: This affidavit is filed by the plaintiff in a real estate dispute where they are requesting summary judgment. It may include property records, contracts, surveys, and other relevant documents to support the plaintiff's claim for judgment on the grounds of title disputes, boundary disputes, or breach of contract in a real estate transaction. Remember, specific types of affidavits of this nature may vary depending on the nature of the case. It is important to consult with a qualified attorney in Alabama to ensure compliance with the applicable state laws and court rules.

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Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.

Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.

Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.

A person not a party to the action may be compelled to produce documents, electronically stored information, and things or to submit to an inspection as provided in Rule 45. (dc) District court rule. Rule 34 applies in the district courts in those instances where production and inspections are permitted by Rule 26(dc).

On a motion for summary judgment, the court cannot try issues of fact. It can only determine whether there are issues to be tried. The procedure is well adapted to expose sham claims and defenses but cannot be used to deprive a litigant of a proper trial of genuine issues of fact.?

The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

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MOTION FOR SUMMARY JUDGMENT BY PLAINTIFF. Plaintiff moves the Court to enter, pursuant to Rule 56 of the Alabama Rules of. Civil Procedure, a summary judgment ... The motion for summary judgment, with all supporting materials, including any briefs, shall be served at least ten (10) days before the time fixed for the ...The parties' submissions in support of and in opposition to summary- judgment motions must consist of: (1) a brief containing, in separately identified sections ... Any motion for summary judgment, supporting brief, and evidentiary materials ... A party filing a non-summary judgment motion shall either incorporate in the. Because QV did not file its own motion for summary judgment, nor state that its response contained a cross-motion, the Court can only presume that Defendant's. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and ... Exhibits Filed in Support of Plaintiff's Motion for Summary Judgment (Doc. 20) ... the affidavit in support of the summary judgment motion. On June 8, 2005 ... by E CUNNINGHAM · Cited by 1 — Plaintiff filed a Motion for Summary Judgment seeking a permanent injunction that would enjoin ... motion, the plaintiff included the affidavit ... Click the Insert to Filing Details Button. Page 51. 51. To add additional documents to the motion (i.e. Affidavit in Support of Motion, Statement of. Facts ... Comes the Defendant and moves to strike the affidavit of Joseph Lutz, offered in support of the Plaintiff's Motion for Summary judgment on the following grounds ...

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Alabama Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff