Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

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

The Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment is a legal document filed by the plaintiff in a court case. It is used to support the plaintiff's request for a summary judgment without going to trial. This affidavit includes relevant facts and evidence that prove the plaintiff's case and demonstrate that there are no genuine issues of material fact to be decided by a jury. Keywords: Michigan, Affidavit, Plaintiff, Supporting Motion, Summary Judgment, Court, Trial, Legal document, Facts, Evidence, Genuine issues of material fact, Jury. Types of Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment: 1. Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment — Personal Injury Case: This type of affidavit is used when the plaintiff is seeking a summary judgment in a personal injury case. It includes relevant medical records, expert opinions, witness statements, and supporting evidence to prove liability and damages. 2. Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment — Breach of Contract Case: In a breach of contract case, this affidavit is filed by the plaintiff to support their motion for summary judgment. It includes copies of the contract, communications between the parties, evidence of performance or non-performance, and any relevant legal arguments. 3. Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment — Employment Discrimination Case: This affidavit is used by a plaintiff alleging employment discrimination to request a summary judgment. It includes evidence of the discriminatory conduct, such as emails, witnesses' statements, performance evaluations, and any relevant policies or procedures. 4. Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment — Real Estate Dispute Case: In a real estate dispute, this affidavit is filed by the plaintiff to support their motion for summary judgment. It may include evidence of ownership, title deeds, surveys, expert opinions, and any relevant contracts or agreements. 5. Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment — Debt Collection Case: This type of affidavit is used by a plaintiff seeking a summary judgment in a debt collection case. It includes evidence of the debt, such as loan agreements, account statements, payment history, and any relevant communication with the debtor. Remember, the specific requirements and contents of the Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment may vary based on the type of case and court rules. It is important to consult with an attorney or legal professional to ensure accuracy and compliance with the specific requirements of your case.

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FAQ

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.

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.

Summary judgment: When there is no genuine issue as to any material fact, the movant is entitled to a judgment as a matter of law. Purpose of summary judgment: To determine whether there is an issue of fact to be tried.

The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial.

Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.

(a) Unless a different period is set by the court, (i) a written motion under this rule with supporting brief and any affidavits must be filed and served at least 21 days before the time set for the hearing, and (ii) any response to the motion (including brief and any affidavits) must be filed and served at least 7 ...

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

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A motion for summary disposition based on the lack of personal jurisdiction is resolved based on the pleadings and the evidence, including affidavits. Lease ... An affidavit must accompany the motion. (3) Ruling. (a) For courts other than the Supreme Court, the challenged judge shall decide the motion. If the challenged ...by I Judicial — Under Rule 56(a) and (b), both the moving party and the party op- posing summary judgment may file their motions "with or without supporting affidavits." This ... motion for summary judgment by the adverse party, move with or without supporting affida- vits for a summary judgment in the party's favor upon all or any ... (1) A party may show by affidavit that the facts necessary to support the party's position cannot be presented because the facts are known only to persons whose ... An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and ... by JF Lapham · 1990 · Cited by 14 — Only by forcing parties facing summary judgment motions to show a reasonable factual basis for their claims can courts insure that judicial resources are ... by ML REV — defendants filed a motion for summary judgment supported by affidavits of defendant board members, minutes of board meetings, a transcript of the relevant ... by WA Bogart · 1981 · Cited by 9 — Before the defendant decides to file an affidavit of merits he may move to strike out the writ as improperly endorsed. The motion, which is brought before a ... Jan 1, 2023 — To ask the court to set aside the noting in default and default judgment, fill out Form 15A – Notice of Motion and Supporting Affidavit.

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Michigan Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff