New Hampshire Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment

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Multi-State
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US-00926BG
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Word; 
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This form is a generic example of an affidavit of the defendant in support of defendant's motion to strike an affidavit which was filed in support of plaintiff's motion for summary judgment.
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FAQ

Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.

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.

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.

In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

If it appears to the Court at any time that any Motion for summary judgment or affidavit has not been presented in good faith or has been presented solely for the purpose of delay, the Court shall forthwith order the Party and/or the Attorney presenting it to pay to the other Party the amount of the reasonable expenses ...

Rule 11. (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.

Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.

Summary judgment resolves cases without the need to have a trial and helps courts move cases through the judicial system efficiently (often referred to as judicial economy). New Hampshire superior, probate, and district courts are given the authority to grant summary judgments by statute.

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New Hampshire Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment