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Oklahoma Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

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Multi-State
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US-01923BG
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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 Oklahoma Affidavit of Plaintiff Supporting Motion for Summary Judgment is a crucial legal document used in the state of Oklahoma by plaintiffs to request a summary judgment in their favor. This affidavit plays a significant role in presenting a detailed and convincing argument to the court, providing evidence, and supporting the motion for summary judgment. Keywords relevant to this topic include Oklahoma, affidavit, plaintiff, supporting motion, summary judgment, evidence, and court. Types of Oklahoma Affidavit of Plaintiff Supporting Motion for Summary Judgment: 1. Standard Affidavit of Plaintiff Supporting Motion for Summary Judgment: This type of affidavit is commonly used in Oklahoma courts to support a motion for summary judgment. It includes crucial details such as the plaintiff's name, case number, parties involved, relevant legal statutes, and a comprehensive narrative outlining the facts and legal basis for the motion. 2. Affidavit of Plaintiff Supporting Motion for Summary Judgment with Expert Testimony: In certain cases, expert witnesses may provide their professional opinions to support the plaintiff's motion for summary judgment. This type of affidavit includes the expert's qualifications, the specific issues they address, their professional opinion, and how their testimony supports the motion for summary judgment. 3. Affidavit of Plaintiff Supporting Motion for Summary Judgment with Affidavits from Witnesses: In situations where non-expert witnesses can provide essential evidence, this type of affidavit includes sworn statements from witnesses. These affidavits detail the witness's personal knowledge of the facts, relevant events, and any relevant documents or exhibits they possess. 4. Affidavit of Plaintiff Supporting Motion for Summary Judgment with Documentation: This type of affidavit includes supporting documents such as contracts, invoices, emails, photographs, or any other relevant evidence to strengthen the plaintiff's argument for summary judgment. The affidavit clearly explains how each document supports the motion and reinforces the plaintiff's claims. 5. Affidavit of Plaintiff Supporting Motion for Summary Judgment on Liability: In cases where liability is the primary issue, this type of affidavit focuses specifically on establishing the defendant's liability for the plaintiff's claimed damages. It highlights any relevant legal standards, demonstrates the defendant's fault or negligence, and provides supporting evidence to establish liability. In conclusion, the Oklahoma Affidavit of Plaintiff Supporting Motion for Summary Judgment is a crucial legal document used by plaintiffs to request a summary judgment in their favor. It includes detailed information, evidence, and support for their claims, providing a strong argument to the court. Understanding the different types of supporting affidavits available can aid plaintiffs in presenting their case effectively in Oklahoma courts.

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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).

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.

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.

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.

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.

Of course, at summary judgment (unlike at trial) hearsay is generally admissible, and, given proper foundation under Evidence Code section 702, any declaration statement (inconsistent or not) could be considered as evidence of the matters stated, but foundation is lacking to admit Scott's declaration, as discussed ...

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.

The affidavits that are filed by either party shall be made on personal knowledge, shall show that the affiant is competent to testify as to the matters stated therein, and shall set forth matters that would be admissible in evidence at trial.

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Oct 25, 2008 — In Celotex, the Court held that if a defendant makes a properly supported motion for summary judgment, “Rule 56(e) . . . requires the nonmoving. The motion shall be accompanied by a concise written statement of the material facts as to which the movant contends no genuine issue exists and a statement of ...The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue ... ... a Certificate of Mailing showing to whom copies of the motion were mailed, the addresses to which they were mailed, and the date of mailing. c. If the judgment ... Jul 17, 2015 — in discovery, and affidavits on file, both in support and in opposition of a summary judgment motion, are in conflict. ... a plaintiff that the. Defendant argues that it is entitled to summary judgment as to any claim for gender discrimination. Plaintiff mentioned gender discrimination in her Amended ... Jun 12, 2015 — When a motion is supported by affidavit, the affidavit shall be served with the ... to such a the motion by the rules for summary judgment. E ... A summary judgment is a judgment entered by a court for one party and against another party without a full trial. Overview. In civil cases, either party may ... Feb 16, 2016 — 44, Plaintiff/Counter-Defendant's Motion for Reconsideration to Vacate Default Judgment Granted in Favor of. Defendant/Counter-Plaintiff, Motion ... An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and ...

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Oklahoma Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff