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 West Virginia Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a legal document filed in the state of West Virginia that provides a detailed account of the facts and evidence supporting a plaintiff's motion for summary judgment. It is used in civil litigation cases to request a judgment in favor of the plaintiff without going to trial. The affidavit typically contains relevant keywords to help identify the purpose and nature of the document. Some important keywords associated with the West Virginia Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff include: 1. Summary judgment: This refers to a legal ruling made by the court before trial, based on the evidence presented, concluding that there is no genuine dispute of material fact and that the plaintiff is entitled to judgment as a matter of law. The affidavit supports the plaintiff's request for a summary judgment. 2. Affidavit: An affidavit is a written statement made under oath, typically witnessed or notarized. The Affidavit of Plaintiff Supporting Motion for Summary Judgment is a sworn statement by the plaintiff that attests to the truth of the facts and evidence presented in support of the motion. 3. Plaintiff: The plaintiff is the party who initiates a civil lawsuit. This affidavit is specifically for plaintiffs who are seeking a summary judgment in their favor. 4. Motion: A motion is a formal request made to the court, asking for a specific action or ruling. In this case, the motion being supported is the plaintiff's request for summary judgment. 5. Supporting: The affidavit serves as supporting documentation for the plaintiff's motion for summary judgment. It includes relevant facts, evidence, and legal arguments that help establish the plaintiff's entitlement to judgment without the need for a trial. Different types or variations of the West Virginia Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff may exist depending on the specific context or nature of the case. However, the core purpose of the affidavit remains the same — to provide a detailed and compelling account of the plaintiff's case, presenting evidence and arguments that support their request for summary judgment.
