PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Generally
11 Cards On This Topic:
  • Statutory requirements for supporting and opposing affidavits.
  • Definition of affidavit.
  • Affidavit may be taken before any officer authorized to administer oaths.
  • Affidavit may be used in summary judgment motions.
  • SJ motion must be supported by decls or affidavits.
  • Opposition to summary judgment motion must be supported by decls or affidavits.
  • Declaration or affidavit required in support of opposition.
  • Law and motion calendar conducted by declaration or request for judicial notice only.
  • Where affiant/P could testify deed executed and delivered, no need to attach copies of deed.
  • Copies of prior litigation need not be attached to moving papers in summary judgment; judicial notice may be taken thereof.
  • Party must make written notification of files to be judicially noticed and make arrangements with courtroom clerk to have documents available at hearing.