Washington 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 Washington Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document that plays a crucial role in the state's court proceedings. This affidavit is filed by the defendant in a case to support their motion for summary judgment, which seeks a decision in their favor without going through a trial. In this affidavit, the defendant provides detailed and compelling evidence, facts, and arguments 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. By filing this document, the defendant asserts that even if all the facts and evidence were viewed in the light most favorable to the plaintiff, there is no legal basis for the claims presented against them. To craft a powerful Washington Affidavit of Defendant Supporting Motion for Summary Judgment, certain essential components should be included. First, a clear and precise introduction should outline the purpose of the affidavit, stating that it supports the defendant's motion for summary judgment. It is crucial to accurately identify the court case, provide the defendant's name, and state their position in the litigation. Next, the affidavit should contain a brief and concise statement of facts, highlighting specific events or circumstances that are material to the case. This section must be carefully drafted to clearly demonstrate that there are no genuine disputes of material facts. Supporting documents, such as contracts, receipts, emails, or any evidence that strengthens the defendant's position, should be referenced and attached to the affidavit. Additionally, the defendant should assert affirmative defenses in this affidavit. Affirmative defenses are legal arguments that, if proven, may completely negate the plaintiff's claims or prevent them from succeeding. These defenses might encompass lack of jurisdiction, statute of limitations, failure to state a claim, contributory negligence, assumption of risk, or other relevant legal doctrines. It is worth mentioning that there are no distinct types of Washington Affidavit of Defendant Supporting Motion for Summary Judgment. However, the specific content and structure may vary depending on the unique circumstances and legal issues involved in each case. Consequently, customization of the affidavit according to the particular claims, facts, and applicable laws is crucial to ensure its success. In conclusion, the Washington Affidavit of Defendant Supporting Motion for Summary Judgment is a critical legal document used by defendants in the state's court proceedings. It aims to convince the court that there are no genuine disputes of material facts and that the defendant is entitled to judgment as a matter of law. By crafting a detailed and persuasive affidavit, defendants can strengthen their position and increase their chances of winning summary judgment in their favor.

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FAQ

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.

Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

Motions for Summary Judgment in Washington are requests that a court rule on a case even if the case hasn't been to trial. The benefit of Summary Judgments is that they save clients a ton of money, especially in civil litigation outside of family law cases.

As an initial matter, the Court reiterated the utility of expert witness declarations in summary judgment motions: "An expert witness declaration is admissible to support or defeat summary judgment if the expert's testimony would be admissible at trial in ance with Evidence Code section 720.

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.

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).

A motion for summary judgment "searches the record," meaning that the court reviews all of the evidence in the record, regardless of which side submitted it.

Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial.

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The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, ... When a motion is supported by affidavits or other papers, it must specify the papers to be used by the moving party. Wash. CR 7 (b)(4). Affidavits or Testimony.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 ... by JR Locke · 1950 · Cited by 7 — The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, shows that there is ... Jun 28, 2019 — A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial. by PA Trautman · 1970 · Cited by 32 — On appeal, the Washington Supreme Court reversed, stating that, while it did not imply that Civil Rule 56 re- quired an answer or affidavits, ... The adverse party may file and serve opposing affidavits, memoranda of law, and other documentation not later than three days before the hearing. The moving ... Jul 1, 2021 — Defendant's motion for summary judgment, filed 03/02/2020, is granted. Pursuant to Civ.R. 56(E), the court is unable to consider. Dec 4, 2019 — The Court in Posey v. Ford. Motor Credit Co. Found that: Affidavits supporting or opposing a summary judgment motion must be made on personal ... Jul 1, 2021 — a reply brief in support of its motion for summary judgment. On June 24, 2020, the trial court granted Outrage's motion for summary judgment ...

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Washington Affidavit of Defendant Supporting Motion for Summary Judgment