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https://www.avvo.com/legal-answers/is-verified-complaint-same-as-a-declaration-that-i-817735.html
Jul 07, 2012 · No, a verified complaint is not the same thing as a declaration. If you are opposing a motion for summary judgment, you should prepare a separate declaration and attach any applicable exhibits to your declaration.
https://www.prisonlegalnews.org/news/2019/mar/5/eighth-circuit-finds-verified-complaint-defeats-summary-judgment-motion-failure-protect-case/
Nov 07, 2019 · The defendants’ version of the facts contradicted the verified factual statements in Berry’s original complaint, which, although it had been superseded by an unverified amended complaint, was accepted as the equivalent of an affidavit for summary judgment purposes.
https://forum.freeadvice.com/threads/is-a-verified-complaint-sufficient-to-withstand-summary-judgment-or-frcp-12b-mtd.596613/
May 19, 2013 · The verified complaint begins with the language: "Unless indicated, these facts come from my personal knowledge or documented sources." and ends with "I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief."
https://www.rtlaw.com/blog/blog/publications/authenticating-evidence-in-support-of-summary-judgment
Even a verified complaint is insufficient if it is not based on the personal knowledge of the loan officer who swears it is accurate. Furthermore, a party moving for summary judgment must serve all evidence that supports its motion at least 20 days before a summary judgment hearing. In practice, this burden is not difficult to meet.
https://www.brennancenter.org/sites/default/files/analysis/Plaintiff_LAGOPs_Motion_for_Summary_Judgement_and_Brief.pdf
Plaintiffs move for summary judgment on all counts in their Verified Complaint for Declara- tory and Injunctive Relief (Doc. 1) and request oral argument. In support, Plaintiffs file herewith
https://www.avvo.com/legal-answers/in-nys-court-can-a-verified-complaint-on-personal--1584157.html
No one else directly answered your question, which was whether a verified complaint can be used as an affidavit to oppose summary judgment. The answer is yes. CPLR 105(u). There are cases confirming that. You are correct, though, that its value as an affidavit is only as good as the personal knowledge of the verifier.
https://caselaw.findlaw.com/nc-court-of-appeals/1206324.html
Kathleen Daniel (Defendant) appeals from the trial court's order granting of Faron Daniel's (Plaintiff) motion for summary judgment. On 8 August 1997, Plaintiff filed a verified complaint with the Clerk of Court in Pamlico County seeking an absolute divorce.
https://transition.fec.gov/law/litigation/rnc_rnc_complaint.pdf
Verified Complaint for Declaratory and Injunctive Relief Plaintiffs complain as follows: Verified Complaint 1 ... and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02. 9. This Court also has jurisdiction under the judicial-review provisions of BCRA § 403, 116
https://www.evanmrosen.com/files/2013_06_04_motion_strike_based_improper_verification.pdf
Defendant's Motion to Strike Verification of the Verified Amended Complaint as a Sham and Memorandum in Support Thereof Page 4 of 16 of the ultimate facts showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which the pleader deems himself or herself entitled.
http://tncourts.gov/sites/default/files/docs/civil_rules_12__65-handouts.pdf
not include a motion for summary judgment filed pursuant to Rule 56. However, in Creed v. Valentine, 967 S.W.2d 325 (Tenn. Ct. App. 1997), the Eastern Section held that a motion for summary judgment filed in accordance with Rule 56 is a sufficient pleading to preclude a default judgment.
http://jailhouselaw.org/summary-judgment/
If there is a real dispute, the court should just deny summary judgment. In reality however, if the prison officials moving for summary judgment have a lot of evidence, like witness statements and medical records, and all you have is a verified complaint, you may lose summary judgment. So you should try to present as much evidence as you can to the court, and not just rely on a verified complaint.
https://www.njcourts.gov/forms/11215_model_probate_osc.pdf
], seeking relief by way of summary action based upon the facts set forth in the verified complaint filed herewith; and the Court having determined that this matter may be commenced by order to show cause as a summary proceeding pursuant to R.4:83-1 and for good cause shown. IT …
https://www.thehealthlawfirm.com/uploads/L-12-D.pdf
Summary Judgment, and Supporting Memorandum of Law, pursuant to Rules 1.130(a), 1.140(b), 1.150, 1.500(d), and 1.540(b), Florida Rules of Civil Procedure, and in support thereof, states as follows: BACKGROUND AND FACTS IN SUPPORT OF MOTIONS 1. On or around September 26, 2003, Plaintiff filed a Complaint incorrectly naming
https://jenner.com/system/assets/assets/6531/original/Illinois_20Civil_20Practice_20Guide_2012.pdf
AUTHOR INFORMATION 1 Andrew W. Vail is a partner in Jenner & Block’s Litigation Department and a member of the Firm’s Complex Commercial and Antitrust Litigation Practice Groups. Mr. Vail has extensive litigation experience in federal and state courts and a commitment to
https://law.justia.com/cases/california/court-of-appeal/3d/41/811.html
Upon plaintiff's motion for summary judgment, the trial court rendered judgment in plaintiff's favor. Defendant appeals. [1] In her complaint, plaintiff alleged that defendant was indebted to her in the sum of $21,762.03. fn. 1 The motion for summary judgment was supported by two affidavits.
https://law.justia.com/cases/california/court-of-appeal/2d/241/676.html
Plaintiff's verified complaint sought judgment setting aside alleged fraudulent conveyances by her judgment debtor to his codefendants. Verified answer denied essential allegations of the complaint. When the case was called for trial, plaintiff's counsel asked about …
https://ag.ny.gov/sites/default/files/press-releases/2012/Plaintiffs%27%20Memo%20of%20Law%20in%20Opposition%20to%20Defendants%27%20Motion%20to%20Dismiss%20the%20Verified%20Complaint%20%28May%2022%2C%202012%29.pdf
DEFENDANTS' MOTION TO DISMISS THE VERIFIED COMPLAINT ERIC T. SCHNEIDERMAN Attorney General of the State ofNew York 120 Broadway New York, New York 10271 Tel. (212) 416-8401 Attorneyfor Plaintiffs . Table of Contents . ... treated as a motion for summary judgment, the Defendants' application not only comes before ...
http://www.courtswv.gov/legal-community/court-rules/civil-procedure/III.html
If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
https://casetext.com/brief/asia-pacific-properties-hotels-inc-v-tallahassee-capital-hospitality-inc_motion-for-summary-judgment
Apr 10, 2017 · Plaintiff is entitled to summary judgment on Count I of the Verified Complaint (Breach of Note). As an initial matter, Florida substantive law applies because this case is before the Court on diversity jurisdiction, and the personal property being foreclosed upon is situated in Florida.
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