PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Generally
12 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.
  • Law and motion calendar conducted by declaration or request for judicial notice only.
  • Party must make written notification of files to be judicially noticed and make arrangements with courtroom clerk to have documents available or electronically accessible at hearing.
  • CCP §437c(h) did not apply to deny Ds' summary judgment motion and permit further discovery where plaintiff's counsel did not explain why questions left unanswered in deposition were essential to opposing motion.
  • Copies of prior litigation need not be attached to moving papers in summary judgment; judicial notice may be taken thereof.
  • Where affiant/P could testify deed executed and delivered, no need to attach copies of deed.
  • Declaration or affidavit required in support of opposition.