Indiana Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

State:
Multi-State
Control #:
US-01923BG
Format:
Word
Instant download

Description

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."

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Can obtain discoverable documents/things prepared in anticipation of litigation or for trial only upon a showing that party seeking discovery has substantial need to prep his case and is unable without undue hardship to obtain substantial equivalent by other means.

A summary judgment upon less than all the issues involved in a claim or with respect to less than all the claims or parties shall be interlocutory unless the court in writing expressly determines that there is no just reason for delay and in writing expressly directs entry of judgment as to less than all the issues, ... Rule 56 - Summary Judgment, Ind. R. Civ. P. 56 - Casetext Casetext ? indiana-rules-of-civil-procedure Casetext ? indiana-rules-of-civil-procedure

Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.

A Motion for Summary Judgment can be filed by a party to a legal case or adversary proceeding who believes that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law. Motion for Summary Judgment | Southern District of Indiana uscourts.gov ? content ? motion-summ... uscourts.gov ? content ? motion-summ...

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Rule 55 - Default (A) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.

Affidavit 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. Summary Judgment Evidence iadclaw.org ? securedocument ? TrialTechni... iadclaw.org ? securedocument ? TrialTechni...

Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment. motion for summary judgment | Wex - Law.Cornell.Edu cornell.edu ? wex ? motion_for_summa... cornell.edu ? wex ? motion_for_summa...

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Indiana Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff