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 District of Columbia Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a legal document filed in the District of Columbia courts to request a summary judgment in favor of the plaintiff. This affidavit serves as supporting evidence for the motion and outlines the facts and legal arguments justifying why the plaintiff is entitled to a judgment without a trial. In the District of Columbia, there are various types of affidavits that can be filed by the plaintiff in support of a motion for summary judgment. Some common types include: 1. Affidavit of Facts: This type of affidavit provides a detailed account of all the relevant facts of the case, such as dates, events, and actions taken by the parties involved. It may also include supporting documents or exhibits to validate the claims made by the plaintiff. 2. Affidavit of Expert Witnesses: In cases where expert testimony is crucial to establish certain elements of the plaintiff's claim, an affidavit from an expert witness may be included. This affidavit explains the qualifications and expertise of the witness and how their opinion supports the plaintiff's case. 3. Affidavit of Damages: If the plaintiff is seeking monetary compensation, an affidavit of damages may be filed, outlining the financial losses suffered as a result of the defendant's actions. This affidavit usually includes supporting documents, such as medical bills, repair estimates, or financial records, to substantiate the claimed damages. 4. Affidavit of Uncontested Facts: In some cases, both parties may agree on certain facts of the case, eliminating the need for a trial on those particular issues. An affidavit of uncontested facts lists the agreed-upon facts, helping to streamline the summary judgment process. 5. Affidavit of No Genuine Issues of Material Facts: This affidavit is filed when the plaintiff believes that there are no genuine disputes over the material facts of the case. It seeks to establish that the evidence presented clearly supports the plaintiff's claims and that there is no need for a trial to resolve any conflicting factual issues. Overall, the District of Columbia Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff provides a vital tool for plaintiffs to present their argument to the court and request a judgment in their favor. Through various types of affidavits, plaintiffs can present evidence, expert opinions, and uncontested facts to support their motion for summary judgment and expedite the resolution of their case.
