Kentucky Affidavit of Defendant Supporting Motion for Summary Judgment

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US-00922BG
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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 Kentucky Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document that plays a crucial role in the legal proceedings in the state of Kentucky. This affidavit is filed by the defendant(s) to support their motion for summary judgment, which is a procedural mechanism used to seek a judgment in favor of the defendant before a trial takes place. The affidavit provides important information, evidence, and arguments that support the defendant's claim that there are no genuine issues of material fact in the case, and therefore, the court should rule in their favor without the need for a trial. The Kentucky Affidavit of Defendant Supporting Motion for Summary Judgment is a comprehensive document that covers various aspects of the case, presenting factual evidence, legal arguments, and supporting authorities. It includes relevant information such as the case details, parties involved, and a statement of facts outlining the defendant's position. This affidavit also includes a section discussing the applicable laws and legal principles pertinent to the case, highlighting how they support the defendant's claim for summary judgment. Keywords: Kentucky, Affidavit of Defendant, Supporting Motion, Summary Judgment, legal document, legal proceedings, procedural mechanism, judgment, trial, issues of material fact, evidence, arguments, case details, parties involved, statement of facts, legal principles, applicable laws. Different types of Kentucky Affidavits of Defendant Supporting Motion for Summary Judgment could include: 1. Affidavit of Defendant Supporting Motion for Summary Judgment in a Civil Case: This type of affidavit is filed by the defendant(s) in a civil case, presenting evidence and arguments to support their motion for summary judgment. 2. Affidavit of Defendant Supporting Motion for Summary Judgment in a Criminal Case: This type of affidavit is filed by the defendant(s) in a criminal case, aiming to persuade the court to grant summary judgment in their favor based on statutory or constitutional grounds. 3. Affidavit of Defendant Supporting Motion for Summary Judgment in a Personal Injury Case: This type of affidavit is specifically tailored to personal injury cases, where the defendant(s) present facts and evidence highlighting their lack of negligence or liability, seeking a summary judgment to dismiss the case. 4. Affidavit of Defendant Supporting Motion for Summary Judgment in a Contract Dispute: This affidavit is prepared by the defendant(s) in contract-related disputes, providing evidence, legal arguments, and relevant provisions of the contract to support the motion for summary judgment. 5. Affidavit of Defendant Supporting Motion for Summary Judgment in a Property Dispute: This type of affidavit is filed by the defendant(s) in property disputes, furnishing evidence, documents, and legal arguments to demonstrate their rightful ownership or lack of liability, in an effort to obtain summary judgment in their favor. Note: It is important to consult a legal professional or analyze the specific requirements of the Kentucky court system for the exact content and format of the Affidavit of Defendant Supporting Motion for Summary Judgment, as the rules and terminology might vary.

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FAQ

CR 56.03 Motion and proceedings thereon A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

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.

CR 59.05 Motion to alter, amend or vacate a judgment A motion to alter or amend a judgment, or to vacate a judgment and enter a new one, shall be served not later than 10 days after entry of the final judgment.

A defendant shall serve his/her answer within 20 days after service of the summons upon him/her. A party served with a pleading stating a cross claim against him/her shall serve an answer thereto within 20 days after the service upon him/her.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

Rule 45.04 - Subpoena for taking depositions; place of examination (1) A subpoena that commands the person to whom it is directed to produce designated documents or tangible things or to permit inspection of premises may relate only to matters within the scope of discovery permitted by Rule 26.02.

Under Kentucky law, ?the proper function for summary judgment . . . is to terminate litigation when, as a matter of law, it appears that it would be impossible for the respondent to produce evidence at the trial warranting a judgment in his favor and against the movant.? Steelvest, lnc.

Standard for Summary Judgment Under Kentucky law, ?the proper function for summary judgment . . . is to terminate litigation when, as a matter of law, it appears that it would be impossible for the respondent to produce evidence at the trial warranting a judgment in his favor and against the movant.? Steelvest, lnc.

More info

Nov 16, 2012 — Dear Mr. Derauen: Enclosed for filing in the above-referenced case are the original and ten (1 0) copies of ATRT Kentucky's Motion for Summary ... This matter is before the Court on Defendant's Motion for Summary. Judgment [Record No. 25]. Plaintiff has responded, stating her objections and making a ...Jul 5, 2017 — Because of this, Kentucky's then highest court held that the trial court should have granted summary judgment and ordered the member ousted. May 18, 2011 — DEFENDANT. MEMORANDUM OPINION AND ORDER. This matter comes before the Court on Defendant's motion for summary judgment (DN. 15). Plaintiff has ... Jan 15, 2013 — I hereby certify that I have electronically filed the foregoing with the clerk of the court by using the CM/ECF system on this 15th day of ... Filing and serving a complaint is the first step in a lawsuit. After that, if you want the Court to do something related to your case, YOU MUST FILE A MOTION. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show ... If you dispute a proposed fact, state your version of the fact and cite to evidence that supports that version. For example: 1. Plaintiff Smith bought six ... by HC Wright — Interpreting Kentucky Rule of Civil Procedure 56, which defines Kentucky's summary judgment procedure, the court determined that the procedure should be used ... All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be ...

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Kentucky Affidavit of Defendant Supporting Motion for Summary Judgment