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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 ...
Generally, opposing counsel may not communicate with current employees who have managerial responsibilities within the corporation or who have the power to bind the corporation. Comments to Rule 4.2 provide that, with respect to organizations, ?this Rule prohibits communications by a lawyer for one party concerning the ...
The motion should be no more than two pages; one is better. Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr.
Rule 7.1. A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
3) Declaration in Support of Motion for Summary Judgment The Declaration is a sworn statement to the Court stating all of the declarant's facts supporting your Motion. These facts must come from the declarant's own personal knowledge of the events.
Rule 1.10 - Imputation of Conflicts of Interest: General Rule (a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7, 1.8(c), or 1.9, unless the prohibition is based on a personal interest of the ...
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 motion for summary judgment "searches the record," meaning that the court reviews all of the evidence in the record, regardless of which side submitted it.