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 Florida Affidavit of Plaintiff Supporting Motion for Summary Judgment is a legal document used in the state of Florida. It is filed by the plaintiff in a civil case to request a summary judgment, which is a decision made by the court based on the evidence presented, without the need for a trial. Keywords: Florida, affidavit, plaintiff, supporting motion, summary judgment In Florida, there are different types of Affidavits of Plaintiff Supporting Motion for Summary Judgment, depending on the specific circumstances of the case. Some common types include: 1. Affidavit of Plaintiff in a Personal Injury Case: This affidavit is used when the plaintiff has filed a personal injury lawsuit seeking compensation for physical and emotional damages. It includes details of the accident, injuries sustained, medical treatment received, and any other relevant facts supporting the plaintiff's claim. 2. Affidavit of Plaintiff in a Contract Dispute: This affidavit is used when the plaintiff is involved in a contract dispute and seeks to have the court enforce the terms of the contract or seek damages. It includes details of the contract, breach of contract by the defendant, and any evidence proving the plaintiff's entitlement to relief. 3. Affidavit of Plaintiff in a Mortgage Foreclosure Case: This affidavit is used when the plaintiff, typically a lender or mortgagee, is seeking to foreclose on a mortgaged property due to the borrower's default. It includes details of the mortgage agreement, the default by the borrower, and the amount owed. 4. Affidavit of Plaintiff in a Family Law Case: This affidavit is used in various family law matters, such as divorce, child custody, or spousal support cases. It includes information related to the specific issue at hand, such as the best interests of the child, financial circumstances of the parties, or any other relevant factors. 5. Affidavit of Plaintiff in a Business Dispute: This affidavit is used when a plaintiff is involved in a business-related lawsuit, such as a breach of contract, partnership dispute, or intellectual property infringement. It includes details of the business relationship, the alleged wrongdoing by the defendant, and any evidence supporting the plaintiff's claim. In conclusion, the Florida Affidavit of Plaintiff Supporting Motion for Summary Judgment is an important legal document used by plaintiffs in various types of civil cases. It serves as a means for the plaintiff to present their evidence and arguments to the court, seeking a summary judgment in their favor. The specific type of affidavit will depend on the nature of the case, such as personal injury, contract dispute, mortgage foreclosure, family law, or business dispute.
