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."
A New Hampshire Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a crucial legal document used in civil court cases. It serves as evidence supporting the plaintiff's motion for summary judgment, requesting the court to rule in favor of the plaintiff without a trial. Below is a detailed description of this document, including its purpose, content, and different types available. An affidavit is a written statement, under oath, made by an individual with personal knowledge of the matters discussed. In this case, the plaintiff is the individual or party initiating the lawsuit. When the plaintiff files a motion for summary judgment, they are asking the court to decide the case in their favor because there are no genuine disputes of material facts that require a trial. In support of this motion, the plaintiff must submit a detailed and accurate affidavit outlining the relevant facts and legal arguments. The New Hampshire Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff consists of several key elements: 1. Heading: The document begins with the title "Affidavit of Plaintiff Supporting Motion for Summary Judgment" followed by the plaintiff's name, case number, and court information. 2. Personal information: The plaintiff's personal information is provided, including their full name, address, contact information, and role as the plaintiff in the case. 3. Statements of truth: The plaintiff must acknowledge under penalty of perjury that the statements made in the affidavit are true and accurate to their knowledge. 4. Background information: The affidavit should provide a brief summary of the case, including the nature of the dispute, parties involved, and relevant dates. 5. Material facts: The plaintiff outlines the key facts relevant to the motion for summary judgment. These facts should demonstrate that there are no genuine disputes of material facts, and judgment can be granted in the plaintiff's favor as a matter of law. 6. Legal arguments: The affidavit also presents the plaintiff's legal arguments, citing applicable laws, statutes, regulations, and case precedents supporting their position. 7. Exhibits: The affidavit may include supporting exhibits, such as contracts, photographs, expert reports, or other relevant documents. Each exhibit should be properly identified and attached to the affidavit. Different types or variations of the New Hampshire Affidavit of Plaintiff Supporting Motion for Summary Judgment may exist based on the specific requirements of the court or the type of case being presented. Such variations could include specific formatting guidelines, additional sections for certain types of legal cases, or requirements prescribed by local rules. In conclusion, the New Hampshire Affidavit of Plaintiff Supporting Motion for Summary Judgment is a critical document in civil litigation. It allows the plaintiff to present evidence, facts, and legal arguments to convince the court to rule in their favor without proceeding to a full trial. By carefully crafting an affidavit that effectively supports the motion, the plaintiff increases their chances of obtaining a favorable judgment.
