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Kansas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

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Multi-State
Control #:
US-01923BG
Format:
Word
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Description

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 Kansas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a legal document that plays a crucial role in the court proceedings of Kansas. This affidavit is filed by the plaintiff in a lawsuit to support their motion for summary judgment, which is a request to the court to make a final decision in their favor without going to trial. The affidavit includes a detailed description of the facts, evidence, and legal arguments that support the plaintiff's position. It serves as a persuasive tool to convince the court that there are no genuine issues of material fact and that the plaintiff is entitled to a judgment as a matter of law. By submitting this affidavit, the plaintiff aims to establish that the case can be resolved expeditiously without the need for a full trial. Keywords: Kansas, Affidavit, Plaintiff, Supporting Motion, Summary Judgment, Lawsuit, Court Proceedings, Final Decision, Facts, Evidence, Legal Arguments, Genuine Issues of Material Fact, Judgment as a Matter of Law, Expeditiously, Full Trial. Different Types of Kansas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff: 1. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Contract Dispute: This type of affidavit is used when the lawsuit revolves around a contractual disagreement. It would explicitly detail the provisions of the contract, the breach by the defendant, and the plaintiff's arguments justifying a summary judgment. 2. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Personal Injury Case: If the lawsuit involves a personal injury claim, such as an accident or negligence, this type of affidavit would specifically mention the circumstances of the incident, the resulting injuries, and the liability of the defendant. 3. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Property Dispute: When the lawsuit concerns a dispute over property, this affidavit would provide relevant information like the ownership documents, evidence of trespassing or encroachment, and the legal basis for seeking a summary judgment. 4. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Employment Law Case: In an employment-related lawsuit, this affidavit would focus on aspects such as wrongful termination, discrimination, or violation of labor laws. It would include details about the plaintiff's employment history, evidence of mistreatment, and legal analysis supporting the summary judgment motion. 5. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Family Law Case: In cases involving divorce, child custody, or spousal support disputes, this affidavit would contain information about the relevant circumstances, such as financial records, child welfare reports, or evidence of the other party's misconduct. It would outline why the plaintiff believes a summary judgment is appropriate in their favor. These various types of affidavits are tailored to specific legal contexts while still serving the purpose of supporting the plaintiff's motion for summary judgment in Kansas court proceedings.

The Kansas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a legal document that plays a crucial role in the court proceedings of Kansas. This affidavit is filed by the plaintiff in a lawsuit to support their motion for summary judgment, which is a request to the court to make a final decision in their favor without going to trial. The affidavit includes a detailed description of the facts, evidence, and legal arguments that support the plaintiff's position. It serves as a persuasive tool to convince the court that there are no genuine issues of material fact and that the plaintiff is entitled to a judgment as a matter of law. By submitting this affidavit, the plaintiff aims to establish that the case can be resolved expeditiously without the need for a full trial. Keywords: Kansas, Affidavit, Plaintiff, Supporting Motion, Summary Judgment, Lawsuit, Court Proceedings, Final Decision, Facts, Evidence, Legal Arguments, Genuine Issues of Material Fact, Judgment as a Matter of Law, Expeditiously, Full Trial. Different Types of Kansas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff: 1. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Contract Dispute: This type of affidavit is used when the lawsuit revolves around a contractual disagreement. It would explicitly detail the provisions of the contract, the breach by the defendant, and the plaintiff's arguments justifying a summary judgment. 2. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Personal Injury Case: If the lawsuit involves a personal injury claim, such as an accident or negligence, this type of affidavit would specifically mention the circumstances of the incident, the resulting injuries, and the liability of the defendant. 3. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Property Dispute: When the lawsuit concerns a dispute over property, this affidavit would provide relevant information like the ownership documents, evidence of trespassing or encroachment, and the legal basis for seeking a summary judgment. 4. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Employment Law Case: In an employment-related lawsuit, this affidavit would focus on aspects such as wrongful termination, discrimination, or violation of labor laws. It would include details about the plaintiff's employment history, evidence of mistreatment, and legal analysis supporting the summary judgment motion. 5. Affidavit of Plaintiff Supporting Motion for Summary Judgment in Family Law Case: In cases involving divorce, child custody, or spousal support disputes, this affidavit would contain information about the relevant circumstances, such as financial records, child welfare reports, or evidence of the other party's misconduct. It would outline why the plaintiff believes a summary judgment is appropriate in their favor. These various types of affidavits are tailored to specific legal contexts while still serving the purpose of supporting the plaintiff's motion for summary judgment in Kansas court proceedings.

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FAQ

In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.

Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.

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.

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 must be accompanied by a filing fee and a memorandum or brief that: (1) states concisely, in separately numbered paragraphs, the uncontroverted contentions of fact on which the movant relies; (2) for each fact, contains precise references to pages, lines and/or paragraphs - or to a time ...

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.

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.

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.

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Plaintiff Smith bought six Holstein calves on July 11, 2006. Harold. Smith Affidavit, Jan. 6, 2007, p.1, ¶ 3. 5. Documents at issue in the case ( ... motion (e.g. a Motion for Extension of Time to file a Brief and a. Motion to ... title, etc., and a brief statement of the nature of the judgment or order from.Based on plaintiff's motion, the court construes plaintiff's first request as a motion to strike Reply in Support of Summary Judgment (Doc. 74). Plaintiff ... opposing a properly made and supported motion for summary judgment, Plaintiff “may not rely ... affidavit and two declarations in support of its contention that ... Sep 2, 2023 — ... Plaintiffs Memorandum in Support of its Summary Judgment. Motion ... Plaintiff withdrew the Motion for Default Judgment on October 31, 2017 in an. A motion for summary judgment is relatively new to Kansas law. It ... It has been held on a defendant's motion for summary judgment that an affidavit supporting ... This matter is before the Court on plaintiff's Motion To Strike Affidavit Of Kimbra Martin (Doc. ... Affidavit In Support Of Motion For Summary Judgment (Doc. #34) ... It comes before the court on the following motions: plaintiffs motion for summary judgment or partial summary judgment (Dk.183); defendant's *1199 motion for ... Summary judgment. (a) By a claiming party. A party claiming relief may move, with or without supporting affidavits or supporting declarations pursuant to ... The evidence as to whether plaintiff was a passenger or a ... affidavits offered in evidence in support of motion for summary judgment cannot be considered.

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Kansas Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff