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 Utah Affidavit of Plaintiff Supporting Motion for Summary Judgment is a legal document filed by the plaintiff in a lawsuit, requesting the court to grant a summary judgment in their favor. This affidavit serves as the plaintiff's sworn statement, providing detailed evidence and arguments to support their motion for summary judgment. By submitting this document, the plaintiff aims to convince the court that there is no genuine dispute of material fact and that they are entitled to judgment as a matter of law. Keywords: Utah, affidavit, plaintiff, supporting motion, summary judgment, sworn statement, evidence, arguments, genuine dispute, material fact, judgment as a matter of law. Different Types of Utah Affidavit of Plaintiff Supporting Motion for Summary Judgment: 1. Affidavit of Plaintiff Supporting Motion for Summary Judgment based on Breach of Contract: In cases where the plaintiff alleges that the defendant breached a contract, this type of affidavit will present evidence such as the contract itself, any relevant correspondence, payment records, and other supporting documents to establish the existence of a breach and the plaintiff's entitlement to summary judgment. 2. Affidavit of Plaintiff Supporting Motion for Summary Judgment based on Negligence: If the plaintiff's claim is based on negligence, this type of affidavit will include evidence demonstrating that the defendant owed a duty of care, breached that duty, and caused harm to the plaintiff. It may contain witness statements, expert opinions, accident reports, or other documents supporting the plaintiff's assertion of negligence. 3. Affidavit of Plaintiff Supporting Motion for Summary Judgment based on Employment Discrimination: In cases involving allegations of employment discrimination, this affidavit will outline the details of the discrimination claim, providing evidence of discriminatory practices, such as witnesses' statements, hiring or promotion records, performance evaluations, or any other supporting material that substantiates the plaintiff's claim. 4. Affidavit of Plaintiff Supporting Motion for Summary Judgment based on Personal Injury: For personal injury cases, this affidavit will present evidence proving liability, causation, and damages. It may include medical records, expert opinions, accident reports, photographs, or any other relevant documents that support the plaintiff's allegation of personal injury. 5. Affidavit of Plaintiff Supporting Motion for Summary Judgment based on Debt Collection: If the plaintiff's claim involves debt collection, this affidavit will provide evidence such as contracts, invoices, payment history, or account statements to establish the existence of the debt, any default on the part of the defendant, and the amount owed by the defendant. Please note that the specific requirements and content of the Utah Affidavit of Plaintiff Supporting Motion for Summary Judgment may vary depending on the nature of the case and the specific laws and rules governing summary judgment in Utah. It is important to consult with an attorney or legal professional to ensure compliance with the applicable requirements.