Cook Illinois Affidavit of Defendant Supporting Motion for Summary Judgment

State:
Multi-State
County:
Cook
Control #:
US-00922BG
Format:
Word; 
Rich Text
Instant download

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.

Cook Illinois is a legal term that pertains to the Cook County Circuit Court in Illinois, USA. In a legal proceeding, an Affidavit of Defendant Supporting Motion for Summary Judgment is a crucial document submitted by the defendant to request a summary judgment in their favor, based on specific grounds or facts. This affidavit serves to outline the defendant's stance, provide evidence, and persuade the court to rule in their favor without the need for a full trial. Keywords: Cook Illinois, Affidavit of Defendant, Supporting Motion, Summary Judgment, Cook County Circuit Court, legal proceeding, document, defendant's stance, evidence, full trial. There may be different types of Cook Illinois Affidavit of Defendant Supporting Motion for Summary Judgment, categorized based on the nature of the case, such as: 1. Civil Case Affidavit of Defendant Supporting Motion for Summary Judgment: This affidavit is filed in civil cases involving disputes between individuals or entities. It aids in providing arguments, facts, and evidence to support the defendant's plea for the court to rule in their favor without a trial. 2. Criminal Case Affidavit of Defendant Supporting Motion for Summary Judgment: This type of affidavit is used in criminal cases, where the defendant wants to present evidence proving their innocence or demonstrating that there is insufficient evidence to proceed with a trial. It aims to convince the court to dismiss the charges against the defendant. 3. Personal Injury Case Affidavit of Defendant Supporting Motion for Summary Judgment: In personal injury cases, wherein the defendant is accused of causing harm or injury to the plaintiff, this affidavit is filed to present evidence refuting the plaintiff's claims. It highlights details that establish the defendant's lack of negligence or liability, seeking a summary judgment in their favor. 4. Contract Dispute Case Affidavit of Defendant Supporting Motion for Summary Judgment: This type of affidavit is utilized in cases involving contract disputes. The defendant presents evidence and arguments demonstrating that they have fulfilled their obligations under the contract or that the plaintiff's claims lack merit. The purpose is to persuade the court to grant a summary judgment, resolving the dispute in the defendant's favor. These examples outline how different types of Cook Illinois Affidavit of Defendant Supporting Motion for Summary Judgment may be categorized based on the nature of the case involved. It is important to consult with a legal professional or research specific guidelines to understand the requirements and format applicable to each different type.

Free preview
  • Form preview
  • Form preview

How to fill out Cook Illinois Affidavit Of Defendant Supporting Motion For Summary Judgment?

If you need to find a reliable legal paperwork provider to obtain the Cook Affidavit of Defendant Supporting Motion for Summary Judgment, consider US Legal Forms. Whether you need to launch your LLC business or manage your belongings distribution, we got you covered. You don't need to be well-versed in in law to locate and download the needed form.

  • You can search from over 85,000 forms categorized by state/county and case.
  • The self-explanatory interface, variety of learning resources, and dedicated support team make it easy to locate and complete different paperwork.
  • US Legal Forms is a trusted service offering legal forms to millions of customers since 1997.

Simply select to search or browse Cook Affidavit of Defendant Supporting Motion for Summary Judgment, either by a keyword or by the state/county the document is created for. After finding the necessary form, you can log in and download it or save it in the My Forms tab.

Don't have an account? It's simple to start! Simply locate the Cook Affidavit of Defendant Supporting Motion for Summary Judgment template and take a look at the form's preview and short introductory information (if available). If you're comfortable with the template’s terminology, go ahead and click Buy now. Create an account and choose a subscription option. The template will be instantly available for download once the payment is processed. Now you can complete the form.

Taking care of your legal affairs doesn’t have to be pricey or time-consuming. US Legal Forms is here to prove it. Our extensive collection of legal forms makes this experience less costly and more affordable. Create your first business, organize your advance care planning, create a real estate agreement, or complete the Cook Affidavit of Defendant Supporting Motion for Summary Judgment - all from the comfort of your sofa.

Sign up for US Legal Forms now!

Form popularity

FAQ

A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.

The key to defeating a motion for summary judgment is to show the court that there are still facts in dispute. Summary judgment is only appropriate if none of the facts are disputed.

If a motion for summary judgment is filed against you, you must file an opposition to the motion for summary judgment showing that there are issues of fact in dispute. A response must be in writing and include the same supporting documents as a motion for summary judgment.

We believe that Roth sets forward the state of the law in Illinois as to what is required in an affidavit and that Robidoux presents an exception to this law. Thus, unless otherwise provided for by a specific supreme court rule or statutory authorization, an affidavit must be notarized to be valid.

A material fact is: A plain and concise statement of fact. Relevant to the claims or defenses in issue under the pleadings, and. Presented in the motion for summary judgment/adjudication that. In some way influences the court's decision on whether to grant or deny the motion.

Summary judgment motions do have a timeline for filing and response. First, a summary judgment motion must be on file at least 21 days before it can be heard. (TRCP 166a) Second, any opposing affidavits or written response should be on file no later than 7 days before the hearing.

Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

A material fact is a fact that a reasonable person would recognize as germane to a decision to be made, as distinguished from an insignificant, trivial, or unimportant detail. In other words, it is a fact, the suppression of which would reasonably result in a different decision.

The statement of material facts is a document in which the moving party sets out each material fact that it contends is not in genuine dispute. The rules regarding the statement of material facts vary widely among district courts.

Very, very bad. Summary judgment occurs in a lawsuit after all the facts are known to all of the parties, but before the actual trial has begun. When asked by either party, the judge will review these facts and may make a determination that it is impossible for one of the parties to win the case.

Interesting Questions

More info

Plaintiff filed a motion for summary judgment on September 9, 1987. General Requirements for Motions, Briefs, Supporting Materials, and Responses.Judgment on Stipulated Facts. 56(e) should be treated no differently than affidavits. The defendant at the time of making the represenBeach v . John James Lowndes, ‎Peter Benson Maxwell, ‎Great Britain.

Trusted and secure by over 3 million people of the world’s leading companies

Cook Illinois Affidavit of Defendant Supporting Motion for Summary Judgment