An affidavit opposing summary judgment is a sworn statement that presents evidence and arguments against a motion for summary judgment. It is typically submitted by the non-moving party to show that there are genuine disputes of material fact that warrant a trial. When a party faces a motion for summary judgment, an affidavit opposing summary judgment template can provide a framework for crafting a compelling response.
Summary judgment is a procedural device that allows a court to resolve a case without a trial if there are no genuine disputes of material fact. To succeed on a motion for summary judgment, the moving party must show that there is no genuine dispute as to any material fact and that they are entitled to judgment as a matter of law. If the moving party meets this burden, the non-moving party must then produce evidence to show that there are genuine disputes of material fact that preclude summary judgment.
Contents of an Affidavit Opposing Summary Judgment
An affidavit opposing summary judgment should contain the following information:
- The affiant’s name and qualifications.
- A statement that the affiant has personal knowledge of the facts set forth in the affidavit.
- The facts that the affiant is presenting to oppose the motion for summary judgment.
- A statement that the facts are true and correct to the best of the affiant’s knowledge, information, and belief.
- The affiant’s signature and the date the affidavit was signed.
The facts presented in an affidavit opposing summary judgment must be admissible evidence. This means that the facts must be relevant to the case and must not be hearsay. The facts must also be specific and not conclusory. For example, an affiant cannot simply state that “the defendant is liable for negligence.” Instead, the affiant must provide specific facts that support this claim, such as “the defendant failed to maintain a safe premises” or “the defendant’s negligence caused the plaintiff’s injuries.”
An affidavit opposing summary judgment is an important tool for non-moving parties to use to defend against a motion for summary judgment. By providing evidence and arguments that show that there are genuine disputes of material fact, the non-moving party can prevent the court from granting summary judgment and force the case to proceed to trial.
Supporting Documents
In addition to an affidavit opposing summary judgment, the non-moving party may also submit supporting documents, such as depositions, exhibits, and interrogatory answers. These documents can help to support the facts presented in the affidavit and to show that there are genuine disputes of material fact.
The court will consider all of the evidence submitted by the parties when ruling on a motion for summary judgment. The court will not weigh the evidence or make credibility determinations. Instead, the court will simply determine whether there are any genuine disputes of material fact that preclude summary judgment.
Conclusion
An affidavit opposing summary judgment is a critical tool for non-moving parties to use to defend against a motion for summary judgment. By providing evidence and arguments that show that there are genuine disputes of material fact, the non-moving party can prevent the court from granting summary judgment and force the case to proceed to trial.
