Virginia Affidavit of Defendant Supporting Motion for Summary Judgment

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Multi-State
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US-00922BG
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Generally, a motion for summary judgment is accompanied by one or more affidavits executed by the moving party or by others having knowledge of the facts. The affidavit or declaration should recite all the material facts and show that the affiant would be competent to testify to the facts stated in the affidavit.


This form is a generic example of an affidavit of the defendant in support of his motion for summary judgment.

The Virginia Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document used in the state of Virginia to facilitate the process of filing a motion for summary judgment. This affidavit plays a crucial role in presenting evidence and facts that support the defendant's request for summary judgment in a legal case. By including relevant keywords in the content, such as "Virginia," "affidavit," "defendant," "supporting motion," and "summary judgment," the description becomes optimized for search engines. The Virginia Affidavit of Defendant Supporting Motion for Summary Judgment should be filled out accurately and comprehensively, as it can significantly impact the outcome of the case. The affidavit allows the defendant to provide factual information and statements that demonstrate how, based on the evidence, there are no genuine disputes of material fact, and the case should be resolved in their favor without a trial. It is important to note that different types of Virginia Affidavits of Defendant Supporting Motion for Summary Judgment may exist in various legal contexts. These could include: 1. Civil Cases: In civil lawsuits, a defendant may file a Motion for Summary Judgment, arguing that there are no genuine disputes regarding the material facts of the case, and thus, judgment should be rendered in their favor. The corresponding affidavit would support this motion by presenting evidence and relevant facts. 2. Criminal Cases: In criminal proceedings, a defendant may also file a Motion for Summary Judgment. This motion would typically argue that there is no genuine dispute as to an essential element of the offense, and therefore, the defendant should be acquitted without going to trial. The affidavit would provide evidence and facts that support this argument. 3. Family Law Cases: In matters related to family law, such as child custody disputes or divorce proceedings, a defendant may file a Motion for Summary Judgment to request a favorable resolution without the need for a trial. The affidavit would include relevant evidence and supporting statements in this specific legal context. 4. Business and Commercial Cases: Affidavits of Defendant Supporting Motion for Summary Judgment can also be utilized in cases concerning business or commercial disputes. For example, if a defendant is being sued for breach of contract, they may file a motion supported by an affidavit to assert that there are no genuine disputes of material facts and request summary judgment. In conclusion, the Virginia Affidavit of Defendant Supporting Motion for Summary Judgment is a vital legal document that presents evidence and factual information to support the defendant's motion for summary judgment. The various types of affidavits depend on the specific legal case, including civil, criminal, family law, and business or commercial disputes.

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FAQ

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...

A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received during discovery (such as contracts, emails, letters, and certified government documents).

Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.

Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.

In any action at law or equity at the close of all the evidence, any party may move for a summary judgment upon the entire case or upon any severable issue including the issue of liability alone although there is a genuine issue as to damages.

(d) Every pleading shall state the facts on which the party relies in numbered paragraphs, and it shall be sufficient if it clearly informs the opposite party of the true nature of the claim or defense.

3) Declaration in Support of Motion for Summary Judgment The Declaration is a sworn statement to the Court stating all of the declarant's facts supporting your Motion. These facts must come from the declarant's own personal knowledge of the events.

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.

Rule . Persons Before Whom Depositions May Be Taken. (a) Within this Commonwealth. Within this Commonwealth depositions may be taken before any person authorized by law to administer oaths, and if certified by his hand may be received without proof of the signature to such certificate.

Counsel of record shall make a reasonable effort to confer before giving notice of a motion to resolve the subject of the motion and to determine a mutually agreeable hearing date and time.

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No motion for summary judgment or motion to strike the evidence shall be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, ... by TD Terry · 1960 · Cited by 5 — On the other hand, Virginia Rule 3:2013 extending summary judgment to include all types of actions makes no mention of affidavits as one of the materials which ...To fill out a form, open the form by clicking on it. All fields within the form that can be edited will be highlighted in grey. Click inside the first field you ... by JL Applegate · 2019 — Where an affidavit supporting or opposing a motion for summary judgment includes incompetent evidence, the court will disregard that evidence, but will give ... opposing party shall file a response brief and such supporting documents as are ... In determining a motion for summary judgment, the Court may assume that facts ... Oct 25, 2008 — In Celotex, the Court held that if a defendant makes a properly supported motion for summary judgment, “Rule 56(e) . . . requires the nonmoving. Apr 6, 2022 — Procedurally, the Court holds that the 2019 amendment did not morph Virginia summary judgment procedure into its federal court analogue. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary ... Apr 16, 2021 — Dear Counsel: This case came before the Court on March 12, 2021, for a hearing on Defendant. Transform Holdco's Motion for Summary Judgment. 8.01-420. Depositions as basis for motion for summary judgment or to strike evidence. A. Except as provided in subsections B and C, no motion for summary ...

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Virginia Affidavit of Defendant Supporting Motion for Summary Judgment