What is the purpose of a summary judgment?

A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.

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Affidavit of Plaintiff Supporting Motion for Summary Judgment by...

Kentucky Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

Category:

Affidavits - Civil Procedure

State:

Multi-State

Control #:

US-01923BG

Format:

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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How to fill out Affidavit Of Plaintiff Supporting Motion For Summary Judgment By Plaintiff?

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FAQ

A summary judgment is a judgment entered by a court for one party and against another party without a full trial.

The following are the most common benefits of moving for a summary judgment: The motion forces each party to reveal key evidence and even their litigation strategy. The motion ends the case without the costs and amount of time associated with trial and ongoing court litigation.

A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.

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.

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.

In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.

Despite the final ruling, the losing party can still ask the court to reconsider the ruling or grant a new trial. If desired, they can appeal the summary judgment to a higher court for review. However, keep in mind that strict time limits apply to these appeals procedures.

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.