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Colorado Affidavit of Defendant Supporting Motion for Summary Judgment

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US-00922BG
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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.

The Colorado Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document filed in the state of Colorado to request the court to grant a summary judgment in favor of the defendant. This affidavit serves as a means for the defendant to present evidence and arguments supporting their motion for summary judgment. By submitting this document, the defendant essentially asserts that there are no genuine issues of material fact in the case, and therefore, a trial is not necessary. Keywords: Colorado, Affidavit of Defendant, Supporting Motion, Summary Judgment, legal document, evidence, arguments, genuine issues of material fact, trial. Types of Colorado Affidavit of Defendant Supporting Motion for Summary Judgment: 1. General Affidavit of Defendant Supporting Motion for Summary Judgment: This type of affidavit is used in various civil cases where the defendant seeks a summary judgment. It outlines the reasons, evidence, and legal arguments supporting the defendant's request for the court to rule in their favor without the need for a trial. 2. Affidavit of Defendant Supporting Motion for Summary Judgment in Personal Injury Case: This specific affidavit is relevant in personal injury cases where the defendant believes that the plaintiff's claims lack sufficient evidence to proceed to trial. It presents medical records, witness statements, or other evidence to demonstrate that the plaintiff's injuries were not caused by the defendant's actions. 3. Affidavit of Defendant Supporting Motion for Summary Judgment in Contract Disputes: In contract disputes, the defendant may file this type of affidavit to seek a summary judgment by presenting documentation such as contracts, emails, or other relevant materials that prove there is no factual dispute about the terms of the contract or the defendant's performance. 4. Affidavit of Defendant Supporting Motion for Summary Judgment in Employment Discrimination Case: This affidavit is used in cases where the defendant seeks a summary judgment in an employment discrimination lawsuit. It presents evidence, such as company policies, performance evaluations, or witness statements, to show that there is no genuine issue of material fact supporting the plaintiff's discrimination claims. 5. Affidavit of Defendant Supporting Motion for Summary Judgment in Property Disputes: This type of affidavit is filed when the defendant wants the court to grant a summary judgment in a property dispute case. It may include documents such as deeds, surveys, or contracts related to the property to establish that there is no genuine issue of material fact regarding ownership or any alleged misconduct by the defendant. Ultimately, the Colorado Affidavit of Defendant Supporting Motion for Summary Judgment serves as a persuasive tool to convince the court that the defendant is entitled to a summary judgment based on the evidence and arguments presented.

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FAQ

Get a Fair Hearing in Court Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.

Of course, at summary judgment (unlike at trial) hearsay is generally admissible, and, given proper foundation under Evidence Code section 702, any declaration statement (inconsistent or not) could be considered as evidence of the matters stated, but foundation is lacking to admit Scott's declaration, as discussed ...

(c) Motion and Proceedings Thereon. (1) Unless otherwise ordered by the court, any motion for summary judgment shall be filed no later than 91 days (13 weeks) prior to trial.

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.

Public Documents (Sections 74-75): Public documents, which are maintained by a public officer or are admissible under law, are exceptions to the hearsay rule. These documents include government records, official publications, and certified copies of public documents.

The problem with hearsay is that when the person being quoted is not present, it becomes impossible to establish credibility. As a result, hearsay evidence is generally not admissible in court.

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.

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Colorado Affidavit of Defendant Supporting Motion for Summary Judgment