Kentucky Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

State:
Multi-State
Control #:
US-01923BG
Format:
Word
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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."

The Kentucky Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a legal document filed by the plaintiff in a lawsuit. This affidavit serves as evidence and supports the plaintiff's request for summary judgment — a decision made by the court without going to trial. Keywords: Kentucky, Affidavit of Plaintiff, Motion for Summary Judgment, Summary Judgment, Plaintiff, Lawsuit, Evidence, Court, Trial. Types of Kentucky Affidavits of Plaintiff Supporting Motion for Summary Judgment by Plaintiff may include: 1. Affidavit of Plaintiff Supporting Motion for Summary Judgment — This type of affidavit is filed when the plaintiff requests summary judgment from the court based on the evidence they have presented in support of their case. It outlines the facts, legal arguments, and exhibits that the plaintiff believes demonstrate their entitlement to a judgment in their favor without going to trial. 2. Affidavit of Plaintiff Supporting Motion for Partial Summary Judgment — Sometimes, a plaintiff may request a partial summary judgment. In such cases, this affidavit is filed to provide evidence and support the plaintiff's request for judgment on specific aspects or claims of the case, while leaving the remaining issues to be resolved at trial. 3. Affidavit of Plaintiff Supporting Renewed Motion for Summary Judgment — If the court previously denied the plaintiff's motion for summary judgment, the plaintiff may file a renewed motion based on new evidence, legal arguments, or a change in circumstances. This affidavit supports the renewed motion, providing additional evidence or explaining why the court should reconsider its previous decision. 4. Affidavit of Plaintiff Supporting Supplemental Motion for Summary Judgment — In some instances, new evidence or information may come to light after the initial motion for summary judgment has been filed. This affidavit accompanies a supplemental motion, providing this new evidence and explaining how it strengthens the plaintiff's request for summary judgment. Each type of affidavit mentioned above serves the purpose of supporting the plaintiff's motion for summary judgment. It is important to note that the specific requirements, formatting, and content of these affidavits may vary based on the rules and guidelines set by the court where the case is being heard.

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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.

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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 ... In this instance, Plaintiff has offered no affidavit in support of her request for ... Motion for Summary Judgment, and the Court shall deny Plaintiff's motion.Solution: To answer correctly, the plaintiff must file a document titled “Response to. Defendant's Proposed Findings of Fact.” In this document, the plaintiff ... Jul 5, 2017 — Summary Judgment filed by Plaintiff, Commonwealth of Kentucky ... the evidence supplied by Plaintiff in support of its motion summary judgment. A party seeking summary judgment must file and serve a supporting brief and any evidence (that is not already in the record) that the party relies on to support ... Dec 5, 2014 — documents used in support of a motion for summary judgment must be sworn to or certified by affidavit, which the documents in question were not. All pleadings, motions, appearances, entries of satisfaction, stipulations or any other paper required to be signed by an attorney must be signed as provided ... Defendants had moved for summary judgment with a supporting affidavit and the plaintiffs filed no opposing affidavit prior to the time of hearing on the motion. (4) When a Motion for Judgment and Order of Sale is made, it shall include a status of account affidavit signed by the Plaintiff or its representative setting ... 64.06 Memorandum in Support of Motion for Summary Judgment--Action to Vacate Arbitration Award ... 101.24 Affidavit in Support of Motion for Enlargement of Time ...

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Kentucky Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff