West Palm Beach Florida Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff

State:
Florida
City:
West Palm Beach
Control #:
FL-01901BG
Format:
Word; 
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Description

Rule 1.510 of the Florida Rules of Civil Procedure provides in part:
A party seeking to recover upon a claim may move for a summary judgment in that party's favor with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence on which the movant relies. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

Keywords: West Palm Beach Florida, Affidavit, Plaintiff, Supporting Motion, Summary Judgment Description: The West Palm Beach Florida Affidavit of Plaintiff Supporting Motion for Summary Judgment is a legal document filed by the plaintiff in a court case to request a summary judgment in their favor. This affidavit serves as evidence that the plaintiff has enough valid claims, facts, and legal reasoning to win the case without going to trial. It supports the motion for summary judgment by presenting a clear and concise account of the relevant facts, laws, and arguments supporting the plaintiff's position. There are different types of West Palm Beach Florida Affidavit of Plaintiff Supporting Motion for Summary Judgment based on the nature and complexity of the case. Some types may include: 1. West Palm Beach Florida Personal Injury Affidavit of Plaintiff Supporting Motion for Summary Judgment: In personal injury cases, this affidavit is used by the injured party as evidence to support their summary judgment motion, showcasing the negligence or liability of the defendant and establishing the damages suffered. 2. West Palm Beach Florida Contract Dispute Affidavit of Plaintiff Supporting Motion for Summary Judgment: This affidavit is filed in contract disputes, presenting facts and evidence to demonstrate that the defendant breached the terms of a contract, resulting in damages to the plaintiff. 3. West Palm Beach Florida Employment Discrimination Affidavit of Plaintiff Supporting Motion for Summary Judgment: In cases involving employment discrimination, this affidavit outlines instances and patterns of discriminatory behavior by the defendant, showcasing the plaintiff's experiences of adverse employment actions based on protected characteristics. 4. West Palm Beach Florida Commercial Dispute Affidavit of Plaintiff Supporting Motion for Summary Judgment: This affidavit is employed in commercial disputes, highlighting the defendant's failure to fulfill contractual obligations, resulting in financial harm to the plaintiff's business interests. 5. West Palm Beach Florida Real Estate Affidavit of Plaintiff Supporting Motion for Summary Judgment: In real estate-related cases, this affidavit provides evidence to support the summary judgment motion, such as proving the defendant's breach of a purchase agreement, failure to disclose information, or fraudulent activities. In conclusion, the West Palm Beach Florida Affidavit of Plaintiff Supporting Motion for Summary Judgment is a crucial legal document used in various types of cases to present evidence and arguments in favor of the plaintiff's request for a summary judgment.

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FAQ

In order to obtain an order for summary judgment, the claimant has to show that the defendant has no defence. In order to resist the application for summary judgment, the defendant must show that there are issues or questions that ought to be tried.

Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.

A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties' claims or defenses before trial.

'(2)(a) within 15 days after the date of delivery of the plea, the plaintiff shall deliver a notice of application for summary judgment, together with an affidavit made by the plaintiff or by any other person who can swear positively to the facts.

Can you File a Motion for Summary Judgment in Florida Before Discovery? A party may move for summary judgment before the discovery phase of a case. This means that, instead of waiting for the other party to provide a response to the lawsuit, the party may move the case forward by presenting the necessary evidence.

Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.

A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing. (c)Procedures.

Either a plaintiff or a defendant may move for summary judgment on all or part of a claim or defence. Rule 20.04(2) of the Rules of Civil Procedure provides that the court shall grant summary judgment if: ?the court is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence?.

In terms of the amended Rule 32 of the Uniform Rules, a plaintiff must apply for summary judgment within 15 business or court days after the filing of the defendant's plea.

A defendant can apply for summary judgment at any time, but typically this is done at the first Case Management Conference (CMC). Any application for summary judgment should be made after acknowledgment of service. If no acknowledgment is served, permission of the court is needed.

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Receive free daily summaries of new opinions from the Florida Supreme Court. " on a motion for summary judgment ". . .In support of its. Motion for Partial Summary Judgment, Plaintiff filed a statement of Uncontested Facts (DE 36). 1555 Palm Beach Lakes Blvd. Akerman LLP, West Palm Beach, for Appellant. 3d 127, 130 (Fla. Plaintiffs Legal Action and Court Decisions . 40, 43 (Fla. 1966). 3. Of summary judgment in favor of the defendant, Julie Stevens.

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West Palm Beach Florida Affidavit of Plaintiff Supporting Motion for Summary Judgment by Plaintiff