Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff
Overview of this form
The Affidavit of Plaintiff Supporting Motion for Summary Judgment is a legal document filed by the plaintiff in a civil lawsuit. It is designed to support the plaintiff's request for a summary judgment by providing sworn statements of facts that are relevant to the case. This form differs from other court forms as it specifically articulates the plaintiff's basis for seeking a judgment without a full trial. The affidavit must meet certain requirements for admissibility in court, aligning with the standards set forth in the Federal Rules of Civil Procedure.
Key parts of this document
- Title of the court case, including the names of the plaintiff and defendant.
- A section where the plaintiff provides personal identification, affirming their role in the case.
- Statement of facts relevant to the motion for summary judgment.
- A declaration of personal knowledge, affirming the plaintiff's competence to testify on the facts presented.
- Signature block for the plaintiff and a notary public section for verification.
- Certificate of service, confirming the document has been sent to the opposing counsel.
State-specific requirements
This is a general form suitable for multiple states. Review and modify it as needed to reflect your jurisdiction’s rules.
When to use this document
This affidavit should be used when a plaintiff wishes to request a summary judgment in their favor, asserting that there are no genuine disputes about the material facts of the case. This situation often arises in civil cases where the evidence overwhelmingly supports the plaintiff's claims, allowing the court to make a ruling without proceeding to trial. It is crucial to present credible facts substantiated by personal knowledge in the affidavit.
Who should use this form
- Individuals who are plaintiffs in civil litigation seeking summary judgment.
- Attorneys representing plaintiffs in cases where a motion for summary judgment is appropriate.
- Parties involved in cases where the facts are clear-cut and warrant a ruling without a trial.
Instructions for completing this form
- Enter the title of your case, including the names of both the plaintiff and defendant and the cause number.
- Identify yourself as the plaintiff and provide a brief introduction.
- Detail the facts that support your motion for summary judgment, ensuring they are from personal knowledge.
- Sign the affidavit in front of a notary public, confirming that all information is accurate and truthful.
- Complete the certificate of service, providing details of how and when the opposing counsel received this document.
Notarization guidance
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Common mistakes to avoid
- Failing to include all relevant facts that support the motion.
- Not having the affidavit notarized, which is essential for legal validity.
- Providing hearsay or unsubstantiated claims that cannot be considered in court.
- Neglecting to file the affidavit with the court on time.
Benefits of using this form online
- Convenient access to legal documents at any time without the need for physical visits to the courthouse.
- Editable templates that allow for easy personalization based on individual circumstances.
- Reliable resources drafted by licensed attorneys to ensure legal accuracy and compliance.
What to keep in mind
- The affidavit supports a motion for summary judgment, outlining undisputed facts in a civil case.
- It must be signed by the plaintiff and notarized to be effective.
- Consult local laws to meet jurisdiction-specific requirements.
Form popularity
FAQ
When it comes to summary judgment, plaintiff lawyers are often guilty of forgetting the fact that either party can file one. If you have solid evidence that can't be disputed, you may very well be able to prove your claim without going to trial.
When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied.
(b) (1) A party may move for judgment on the pleadings.(A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.
A summary judgement occurs when, in a civil case, one party wants to move to a court decision without a trial. That only happens however, when the two parties agree to the critical facts of the issue, and the law allows summary judgement based on the undisputed facts at hand.
Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.