Generally, a motion for summary judgment is accompanied by one or more affidavits executed by the moving party or by others having knowledge of the facts. The affidavit or declaration should recite all the material facts and show that the affiant would be competent to testify to the facts stated in the affidavit.
This form is a generic example of an affidavit of the defendant in support of his motion for summary judgment.
An Arkansas Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document filed by a defendant in a lawsuit in the state of Arkansas. It is used to support a motion for summary judgment, which is a request to the court to rule in favor of the defendant without going to trial. This affidavit provides detailed information and evidence that supports the defendant's argument that there are no genuine issues of material fact in the case and that the defendant is entitled to judgment as a matter of law. Keywords: Arkansas, Affidavit of Defendant, Motion for Summary Judgment, lawsuit, summary judgment, genuine issues of material fact, judgment as a matter of law. There are different types of Affidavits of Defendant Supporting Motion for Summary Judgment in Arkansas, including: 1. Affidavit of Defendant Disputing Material Facts: This type of affidavit is used when the defendant disagrees with certain facts presented by the plaintiff and provides evidence to dispute those facts. The defendant aims to show that there are genuine issues of material fact that require a trial rather than a summary judgment. 2. Affidavit of Defendant Asserting Affirmative Defenses: In this affidavit, the defendant asserts affirmative defenses, which are legal arguments that, if proven, would defeat the plaintiff's claim even if all the plaintiff's allegations are true. The defendant provides evidence and explanations supporting these affirmative defenses to convince the court that summary judgment should be granted. 3. Affidavit of Defendant Demonstrating Lack of Legal Basis: This affidavit demonstrates that the plaintiff's claims lack a legal basis or fail to meet the required elements of the law necessary to proceed to trial. The defendant provides legal arguments, authorities, and evidence showing that the plaintiff's case does not meet the necessary legal standards. 4. Affidavit of Defendant Based on a Release or Settlement Agreement: This type of affidavit is used when the defendant has reached a settlement agreement with the plaintiff or when there is a release that extinguishes the plaintiff's claim. The defendant presents evidence, such as a written agreement or release, to support the argument that the case should be dismissed based on the terms of the agreement. 5. Affidavit of Defendant Challenging the Plaintiff's Evidence: In this affidavit, the defendant challenges the credibility or sufficiency of the evidence provided by the plaintiff. The defendant presents contradictory or additional evidence and arguments to undermine the plaintiff's case, aiming to convince the court that summary judgment should be granted in their favor. In summary, an Arkansas Affidavit of Defendant Supporting Motion for Summary Judgment is a crucial legal document that the defendant files to persuade the court to rule in their favor without going to trial. Different types of affidavits may be used depending on the specific circumstances of the case, such as disputing material facts, asserting affirmative defenses, demonstrating a lack of legal basis, based on a release or settlement agreement, or challenging the plaintiff's evidence.
