Maryland Affidavit of Defendant Supporting Motion for Summary Judgment

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Multi-State
Control #:
US-00922BG
Format:
Word; 
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Description

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.

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FAQ

? Any party may file at any time a motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law.

§ 2-533. (a) Time for filing. Any party may file a motion for new trial within ten days after entry of judgment.

Rule 2-532 - Motion for Judgment Notwithstanding the Verdict (a) When Permitted. In a jury trial, a party may move for judgment notwithstanding the verdict only if that party made a motion for judgment at the close of all the evidence and only on the grounds advanced in support of the earlier motion.

Maryland Rule 2-501(e) currently allows a judge to grant summary judgment despite having an affidavit that presents a dispute as to a material fact. The only exception to this rule is if the testimony in the affidavit is based on new information not known to the affiant at the time of his deposition.

All proceedings before an auditor shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties and claimants.

Under Maryland Rule 2-303(b), a complaint must state those facts ?necessary to show the pleader's entitlement to relief.? Unlike Rule 8(a) of the Federal Rules of Civil Procedure, Maryland retains vestiges of code pleading in that a plaintiff must allege sufficient facts to constitute a cause of action.

If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the details desired.

Rule 2-512 - Jury Selection (a) Jury Size and Challenge to the Array. (1)Size. Before a trial begins, the judge shall decide (A) the required number of sworn jurors, including any alternates, and (B) the size of the array of qualified jurors needed. Cross reference: See Code, Courts Article, § 8-421(b).

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Maryland Affidavit of Defendant Supporting Motion for Summary Judgment