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 Guam Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document used in the Guam jurisdiction that plays a vital role in the summary judgment process. This affidavit specifically supports the defendant's motion for summary judgment, which is a request made to the court for a decision in favor of the defendant without a full trial. It aims to provide a comprehensive and factual account of the defendant's position, supporting the argument that no genuine issue of material fact exists and that the defendant is entitled to judgment as a matter of law. In Guam, the Affidavit of Defendant Supporting Motion for Summary Judgment is a critical tool utilized by defendants to present evidence, facts, and legal arguments that validate their case's merit and demonstrate why a trial is unnecessary. This document is typically prepared by or with the assistance of the defendant's attorney and includes the following key components: 1. Caption: The affidavit begins with the caption "Affidavit of Defendant Supporting Motion for Summary Judgment" followed by the civil case name, docket number, and other essential case information. 2. Affine's Information: The affidavit identifies the affine, who is the person making the sworn statements, by providing their full name, address, occupation, and their relationship to the case (usually the defendant). 3. Statement of Personal Knowledge: The affine explicitly acknowledges that the information provided in the affidavit is based on their personal knowledge, and that they are competent and authorized to testify to the facts presented. 4. Summary of the Case: This section provides a concise summary of the underlying legal dispute and the key issues being addressed, giving the court an overview of the case context. 5. Factual Background: The affidavit delves into the relevant facts of the case, presenting a chronological account of events and providing detailed explanations of any evidence, documents, or witness statements that support the defendant's position. 6. Legal Argument: This section outlines the legal principles and precedents that support the defendant's entitlement to summary judgment. It highlights the absence of any genuine issue of material fact and explains why the law favors a judgment in the defendant's favor. 7. Attachments: The affidavit may include attachments to support the statements made in the document. These can comprise relevant documents, reports, expert opinions, deposition transcripts, or other evidentiary materials. It is important to note that while the content and structure of the Guam Affidavit of Defendant Supporting Motion for Summary Judgment may vary depending on the specifics of the case and the court's requirements, the overall purpose remains the same — presenting a compelling argument for the defendant's entitlement to judgment as a matter of law. Different types or variations of this affidavit may exist depending on the specific court or legal jurisdiction within Guam. These variations could include specific local requirements, additional sections, or slight variations in format. It is advisable to consult with a local attorney or review the court's rules and procedures to ensure compliance with the specific affidavit requirements in your jurisdiction.
