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.
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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.
Te general affidavit form An affidavit is simply a written statement of facts that the person making the statement, commonly known as the affiant, has sworn to be true. The main thing that sets the affidavit apart from other statements or declarations is that it is notarized.
§ 2-1005. Summary judgments. (a) For plaintiff. Any time after the opposite party has appeared or after the time within which he or she is required to appear has expired, a plaintiff may move with or without supporting affidavits for a summary judgment in his or her favor for all or any part of the relief sought.
Do not sign the document until you are in the presence of a notary public. This is an essential element of the affidavit. You must bring a photo I.D. with you to the notary's office. The enclosed document includes four different options for notarization at the end.
For example, in Illinois, the rules generally require an ?affidavit? be notarized, though there are specific types of affidavits to which the requirement does not apply, such as affidavits being filed in support of a motion for summary judgment or a motion for involuntary dismissal.
Write your affidavit using the first person. In other words, use ?I? statements (e.g., ?I am the President of XYZ, Inc.?). The sections of your affidavit should continue the numbering that began with the first two introductory sentences. Your early paragraphs should provide background information about you.
Legal Differences However, an affidavit must be signed in the presence of a notary public. The notary public must also affix their signature and seal to the affidavit. In contrast, a declaration doesn't require the presence, seal, or signature of a notary public.
Summary Judgment Rules A party is entitled to summary judgment if the pleadings, depositions and admissions on file, together with the supporting affidavits (if any) show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c).
