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 New Jersey Affidavit of Plaintiff Supporting Motion for Summary Judgment is a legal document that plays a crucial role in civil litigation cases in the state of New Jersey. This affidavit is filed by the plaintiff in support of their motion for summary judgment, a motion that seeks a resolution of the case without going through a full trial. The affidavit serves as a means for the plaintiff to present evidence and arguments to the court, demonstrating that there are no genuine issues of material fact in dispute and that they are entitled to judgment as a matter of law. In this affidavit, the plaintiff outlines the specific facts of the case, referring to relevant statutes, regulations, case law, and any other legal authorities that support their position. The document highlights the main arguments made by the plaintiff, explaining why they believe they are entitled to summary judgment. The purpose is to persuade the court that, based on the evidence and legal principles applied to the case, the plaintiff's claim is so strong that no trial is necessary. Some key elements that should be included in the New Jersey Affidavit of Plaintiff Supporting Motion for Summary Judgment are: 1. Introduction: The affidavit should clearly state the plaintiff's name, their role in the case, and a brief background of the dispute. 2. Statement of Undisputed Facts: The plaintiff should present a concise summary of the undisputed facts surrounding the case and ensure that all relevant facts are presented in an objective manner. 3. Legal Arguments: The affidavit should outline the legal arguments supporting the plaintiff's position, citing applicable New Jersey laws, regulations, and legal precedents. The plaintiff should demonstrate how the law is clearly in their favor. 4. Supporting Evidence: Affidavits typically include supporting evidence such as documents, contracts, letters, photographs, or expert reports that provide further support to the plaintiff's claims. Each piece of evidence should be referenced and explained in the affidavit. 5. Statement of Personal Knowledge: The affidavit should affirm that the facts and information presented are true and based on the plaintiff's personal knowledge, or that they are based on the plaintiff's belief and information received from reliable sources. It is important to note that variations of the New Jersey Affidavit of Plaintiff Supporting Motion for Summary Judgment may exist, depending on the particular type of case. For instance, there might be specific affidavits tailored for personal injury cases, breach of contract cases, or employment discrimination cases. However, the general structure and purpose of the affidavit remain consistent across different types of cases. In conclusion, the New Jersey Affidavit of Plaintiff Supporting Motion for Summary Judgment is a vital legal document that allows the plaintiff to present their case to the court, demonstrating that there are no genuine issues of material fact in dispute and that they should be granted a summary judgment in their favor. This affidavit is meticulously crafted, incorporating a clear summary of the facts, persuasive legal arguments, and supporting evidence.
