For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact.
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Rule 56(a) requires that each motion for summary judgment be accompanied by an ?Affidavit of Undisputed Facts? which sets forth the material facts relied upon in support of the motion. If the moving party fails to file and serve the affidavit, the summary judgment motion will be denied.
Rule 7 reflects the belief that extensive and complex pleadings are not desirable as a vehicle for the narrowing of issues in a case and that this function can be better performed by discovery and the use of the pretrial conference.
Rule 55(b)(1) authorizes the clerk to enter a default judgment in certain limited circumstances. He shall do so upon plaintiff's request if: the claim against the defendant is for a sum certain or for a sum which by computation can be made certain; and. the default has been entered for failure to appear; and.
A party may amend his pleading once as a matter of course at any time before a responsive pleading is served and prior to entry of an order of dismissal or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time ...
A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served ...
An application for leave to appeal under Rule 15(a)(2) shall be made by filing within thirty days of the date of entry of the order being appealed, or such additional time as either the trial judge or the single justice of the Supreme Judicial Court shall order, (a) a notice of appeal in the trial court, and (b) an ...
Answer: Yes, in addition to being correctly signed and witnessed, an affidavit must be notarized in order to be legally binding.
