Maryland 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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FAQ

Maryland Courts and Judicial Proceedings Section 2-503 (b) (1) Any stenographer appointed to record testimony before a grand jury shall take and subscribe an oath that he will keep secret all matters and things occurring before the grand jury.

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.

All proceedings before an auditor shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties and claimants.

§ 2-533. (a) Time for filing. Any party may file a motion for new trial within ten days after entry of judgment.

? Any party may file at any time a motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law.

Rule 2-532 - Motion for Judgment Notwithstanding the Verdict (a) When Permitted. In a jury trial, a party may move for judgment notwithstanding the verdict only if that party made a motion for judgment at the close of all the evidence and only on the grounds advanced in support of the earlier motion.

Rule 2-535(a) states that the court can take any action it could have taken at Md. Rule 2-534, Md. Rule 2-534 requires that it be filed within 10 days in order to extend the appeal period. Thus he cannot successfully appeal the judgment.

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.

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Maryland Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff