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 New York Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a crucial legal document filed in court to request a summary judgment in favor of the plaintiff. This affidavit serves as evidence to support the plaintiff's motion by presenting facts, arguments, and legal principles that establish their entitlement to a judgment in their favor before proceeding to a full trial. Keywords: 1. Affidavit of Plaintiff: This affidavit is sworn testimony by the plaintiff, a party who brings a claim or files a lawsuit, attesting to specific facts and supporting evidence. 2. Supporting Motion: The affidavit serves as a supporting document for the plaintiff's motion for summary judgment, providing substantial evidence that justifies granting judgment in their favor. 3. Summary Judgment: It is a legal term that refers to a judgment granted by the court without a full trial. Instead, the judge evaluates the evidence and determines that there are no genuine issues of material fact and the plaintiff is entitled to judgment as a matter of law. 4. Plaintiff: The individual or entity bringing the lawsuit against the defendant is referred to as the plaintiff. They initiate the legal action seeking relief or compensation for alleged harm or violation. 5. Motion for Summary Judgment: This is a formal request made by a party (in this case, the plaintiff) to the court, asking for a summary judgment to be issued in their favor based on the evidence already presented, as opposed to going through a full trial. Types of New York Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff 1. Affidavit in Support of Summary Judgment: This is the primary type of affidavit used to support the plaintiff's motion for summary judgment. It presents the necessary facts, relevant legal arguments, and supporting evidence. 2. Affidavit with Exhibits: As additional evidence to strengthen the plaintiff's case, the affidavit may include exhibits, such as documents, photographs, or other materials that provide further support for their motion. 3. Expert Affidavit in Support: Depending on the complexity of the case, the plaintiff may present an expert's opinion on a specific matter relevant to their summary judgment motion. This expert affidavit helps validate the plaintiff's arguments and assertions. 4. Affidavit of Service: Although not directly related to supporting the motion, the plaintiff may also file an affidavit of service, affirming that the defendant has been properly served with the necessary court documents and notified of the pending motion. In summary, the New York Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff is a comprehensive legal document submitted to the court to seek a summary judgment in favor of the plaintiff. It is an essential tool for presenting factual evidence, legal arguments, and expert opinions that establish the plaintiff's entitlement to win the case without going through a full trial.
