In West Virginia, an affidavit of defendant supporting defendant's motion to strike an affidavit filed in support of plaintiff's motion for summary judgment is a legal document submitted to the court by the defendant in response to the plaintiff's request for summary judgment. This affidavit presents the defendant's detailed argument and supporting evidence to oppose the plaintiff's motion and seeks to have the affidavit filed by the plaintiff in support of their motion for summary judgment struck down. The purpose of this affidavit is to demonstrate to the court that the plaintiff's affidavit is invalid or unreliable, and should therefore not be considered in the decision-making process for granting summary judgment. By filing such an affidavit, the defendant hopes to prevent an unfavorable summary judgment from being issued against them. Keywords: West Virginia, affidavit, defendant, motion to strike, supporting, plaintiff, summary judgment. Different types of West Virginia Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment could include: 1. Affidavit challenging the credibility of the plaintiff's affine: This type of affidavit would focus on questioning the honesty, reliability, or personal knowledge of the individual who provided the affidavit supporting the plaintiff's motion for summary judgment. The defendant might present evidence to demonstrate inconsistencies, biases, lack of firsthand knowledge, or other factors that could undermine the credibility of the plaintiff's affine. 2. Affidavit contesting the accuracy or sufficiency of the information in the plaintiff's affidavit: In this type of affidavit, the defendant aims to refute the claims or facts presented in the plaintiff's affidavit, highlighting any errors, omissions, or contradictions. The defendant might provide supporting documents, testimonies, expert opinions, or other evidence to challenge the accuracy or completeness of the plaintiff's affidavit. 3. Affidavit asserting the admissibility issues of the plaintiff's affidavit: This affidavit focuses on raising legal objections regarding the admissibility of the plaintiff's affidavit. The defendant might argue that the contents of the plaintiff's affidavit violate the rules of evidence or fail to meet the necessary requirements for admissible testimony. They may cite relevant statutes, precedents, or court rules to support their arguments. 4. Affidavit challenging the legal basis of the plaintiff's motion for summary judgment: In this type of affidavit, the defendant attacks the legal grounds on which the plaintiff's motion for summary judgment is based. The defendant may argue that the plaintiff has failed to establish a genuine dispute of material fact, misunderstood the applicable law, or misapplied legal standards. The affidavit could provide legal analysis, relevant case citations, or expert opinions to support the defendant's contentions. These are just a few examples of the various types of affidavits that a defendant in West Virginia might submit when supporting their motion to strike the plaintiff's affidavit filed in support of a motion for summary judgment. The specific content and arguments within an affidavit will depend on the facts, evidence, and legal aspects of each individual case.
West Virginia Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment
Description
How to fill out West Virginia Affidavit Of Defendant Supporting Defendant's Motion To Strike Affidavit Filed In Support Of Plaintiff's Motion For Summary Judgment?
Choosing the best legal file template might be a struggle. Of course, there are plenty of web templates available on the Internet, but how would you find the legal form you want? Take advantage of the US Legal Forms site. The services delivers a large number of web templates, including the West Virginia Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment, which you can use for organization and personal needs. Each of the forms are inspected by professionals and meet state and federal needs.
When you are presently registered, log in to the account and then click the Download switch to have the West Virginia Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment. Make use of account to look from the legal forms you have acquired previously. Check out the My Forms tab of your own account and obtain yet another copy in the file you want.
When you are a brand new consumer of US Legal Forms, here are simple directions that you should adhere to:
- First, make sure you have selected the appropriate form for the city/county. It is possible to look over the form while using Review switch and browse the form explanation to ensure this is basically the right one for you.
- In the event the form does not meet your needs, use the Seach area to get the correct form.
- Once you are certain that the form is proper, click the Buy now switch to have the form.
- Pick the costs program you need and type in the needed info. Design your account and purchase the transaction with your PayPal account or credit card.
- Select the submit formatting and down load the legal file template to the product.
- Full, modify and print and indication the acquired West Virginia Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment.
US Legal Forms is definitely the biggest collection of legal forms for which you can see a variety of file web templates. Take advantage of the company to down load professionally-made documents that adhere to express needs.
Form popularity
FAQ
The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.
- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not ...
(1988) 202 CA3d 525, 535 (summary judgment motion treated as motion for judgment on pleadings). The main difference between a motion for a judgment on the pleadings and a general demurrer is that a motion for judgment on the pleadings may be made after the time to demur has expired. CCP §438(f).
- No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
(b)For defending party. - A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.