Affidavit of Defendant Supporting Motion for Summary Judgment
Understanding this form
The Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document that allows the defendant to assert facts supporting their motion for summary judgment in a lawsuit. This form differs from other affidavits as it specifically focuses on demonstrating that there are no genuine disputes about material facts allowing the case to be decided without a full trial. It serves to summarize the relevant facts of the case from the defendant's perspective and evidences their competence to testify on these matters.
What’s included in this form
- Identification of the court, parties, and case number.
- A sworn statement by the defendant supporting the motion for summary judgment.
- A detailed account of the facts asserted by the defendant that challenge the merits of the plaintiff's claims.
- Signature and notarization block to affirm the truthfulness of the affidavit.
- Certificate of service confirming delivery to the plaintiffâs legal counsel.
When to use this document
This affidavit is used when the defendant believes that the facts of the case support a motion for summary judgment. It is typically employed when the defendant wants to avoid a trial by demonstrating that there are no disputed factual issues that warrant further proceedings. Common scenarios include situations where evidence shows the plaintiff's claims are unfounded or legally insufficient.
Who needs this form
This form is intended for:
- Defendants involved in civil litigation seeking to contest claims against them without proceeding to a full trial.
- Individuals with legal knowledge or representation who understand how to assert their position through affiants.
- Legal representatives drafting procedural documents on behalf of their clients in preparation for summary judgment motions.
Steps to complete this form
- Identify and fill in the district, state, and division where the case is being heard.
- Provide the names of the plaintiff and defendant, along with the case number.
- Detail the circumstances of the case, including dates of service and filings.
- Clearly outline the facts that support the motion for summary judgment, ensuring each fact is substantiated.
- Sign the affidavit in the presence of a notary public and ensure the notary's information is properly filled in.
Notarization requirements for this form
Yes, this form must be notarized to be legally valid. You can easily complete the notarization through US Legal Formsâ integrated online notarization services, which are available 24/7 via secure video calls. This eliminates the need for in-person meetings or travel, ensuring a smooth and convenient process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to provide specific and detailed facts supporting the motion.
- Neglecting to sign the affidavit in front of a notary public.
- Improperly completing the certificate of service, which can lead to delays or dismissals.
- Omitting dates or other critical information that may impact the validity of the affidavit.
Why use this form online
- Immediate access to a structured template drafted by licensed attorneys.
- Editable fields allow users to tailor the affidavit to their specific case.
- Reduces the risk of procedural errors that could impact the case.
- Convenient download or print options for easy submission in court.
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FAQ
Stated different, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.
The moving party has the initial burden to show that summary judgment is proper even if the moving party would not have the BURDEN OF PROOF at trial. The court generally examines the evidence presented with the motion in the light most favorable to the opposing party.
Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.
Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.As no oral evidence can be given on a summary judgment application, it will only succeed if the applicant can establish the strength of its case on paper alone.
By motion for summary judgment, I'll be referring to motions for summary adjudication as well, which are treated more favorably in federal court than in state courts such as California.Many defendants automatically file a motion summary judgment in every case, even if they don't reasonably expect to win it.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
Stated different, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
The key to defeating a motion for summary judgment is to show the court that there are still facts in dispute. Summary judgment is only appropriate if none of the facts are disputed.