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 Illinois Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document filed by the defendant in a civil case in the state of Illinois. This affidavit is used to support a motion for summary judgment, which is a request for the court to rule in favor of the defendant without a trial, based on the evidence presented. Keywords: Illinois, Affidavit of Defendant, Supporting Motion, Summary Judgment, civil case, legal document, motion for summary judgment, ruling, evidence, trial. In Illinois, there are different types of affidavits that can be filed in support of a defendant's motion for summary judgment, depending on the specific circumstances of the case. Some of these variations include: 1. Affidavit of Defendant's Counsel Supporting Motion for Summary Judgment: This affidavit is typically filed by the attorney representing the defendant. It outlines the legal arguments and provides supporting evidence to persuade the court to rule in favor of the defendant. 2. Affidavit of Defendant Supporting Motion for Summary Judgment based on Lack of Evidence: This affidavit is filed when the defendant believes that the plaintiff has failed to present sufficient evidence to support their claims. It asserts that there are no genuine issues of material fact in dispute and requests the court to grant summary judgment in favor of the defendant. 3. Affidavit of Defendant Supporting Motion for Summary Judgment based on Statute of Limitations: In cases where the plaintiff's claim is barred by the applicable statute of limitations, the defendant may file this affidavit. It explains the relevant statute of limitations and presents evidence to show that the time for filing the claim has expired, thereby seeking the dismissal of the case. 4. Affidavit of Defendant Supporting Motion for Summary Judgment based on Failure to State a Claim: The defendant may file this affidavit if they believe that even if the facts alleged by the plaintiff are true, they fail to establish a legal claim. It presents legal arguments and supporting evidence to demonstrate that the plaintiff's claim does not meet the necessary legal requirements. In all variations of the Illinois Affidavit of Defendant Supporting Motion for Summary Judgment, it is essential to ensure that the affidavit is accurate, complete, and supported by relevant evidence. The affidavit should clearly present the arguments and provide the necessary facts and legal analysis to convince the court to grant summary judgment in favor of the defendant, thereby ending the case without going to trial.
