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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42158
Experience:  30 years in civil, probate, real estate, elder law
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In florida do I need an affidavit to attend a summary judgment

Customer Question

in florida do I need an affidavit to attend a summary judgment hearing. When does it have to be done? Can it be brought the day before hearing> I have a hearing May 4, 2016. I have evidence but have not prepared an affidavit/ am I going to be cut off from bringging anything to court?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. You do not have to have an affidavit.The court will hear argument and rule on the motion and the response.No testimony here is allowed the ruling is based on the pleadings and the argument of the parties.\ Here is a good article explaining procedure to you with cases , I would print this and take with you. http://orangecountybar.org/content/uploads/PDFs/BrownBagLunches_Kest/January_2013_SUMMARY_JUDGMENTS.pdf Summary Judgment can be granted i if a Plaintiff can show that there is no genuine issue of material fact. Summary Judgment should also be granted in a case in which the Plaintiff has not been able to articulate an issue showing that he or she is entitled to relief. In other words, Summary Judgments can be granted in a case in which, after discovery, a Defendant can demonstrate that a Plaintiff cannot prove a state of facts upon which the case can be won.
Expert:  Ray replied 1 year ago.
Rules for reference.. Florida Rules of Civil ProcedureRULE 1.510 SUMMARY JUDGMENT (a) For Claimant. A party seeking to recover upon a claim,counterclaim, crossclaim, or third-party claim or to obtain adeclaratory judgment may move for a summary judgment in thatparty's favor upon all or any party thereof with or withoutsupporting affidavits at any time after the expiration of 20 daysfrom the commencement of the action or after service of a motionfor summary judgment by the adverse party.(b) For Defending Party. A party against whom a claim,counterclaim, crossclaim, or third-party claim is asserted or adeclaratory judgment is sought may move for a summary judgment inthat party's favor as to all or any part thereof at any time withor without supporting affidavits.(c) Motion and Proceedings Thereon. The motion shall statewith particularity the grounds upon which it is based and thesubstantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissable in evidence ("summary judgment evidence") on which the movant relies. The movant shall serve the motion at least 20 days before the time fixed for the hearing, and shall also serve at that time copies of any summary judgment evidence on which the movant relies that has not already been filed with the court. The adverse party shall identify, by notice mailed to the movant's attorney at least 5 days prior to the day of the hearing, or delivered no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies. To the extent such summary judgment evidence has not already been filed with the court, the adverse party shall serve copies on the movant by mailing them at least 5 days prior to the day of the hearing, or by delivering them to the movant's attorney no later than 5:00 p.m. 2 business days prior to the day of hearing. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a geniune issue as to the amount of damages.(d) Case Not Fully Adjudicated on Motion. On motion underthis rule if judgment is not rendered upon the whole case or forall the relief asked and a trial or the taking of testimony and afinal hearing is necessary, the court at the hearing of the motion,by examining the pleadings and the evidence before it and byinterrogating counsel, shall ascertain, if practicable, whatmaterial facts exist without substantial controversy and whatmaterial acts are actually and in good faith controverted. Itshall thereupon make an order specifying the facts that appearwithout substantial controversy, including the extent to which theamount of damages or other relief is not in controversy, anddirecting such further proceedings in the action as are just. Onthe trial or final hearing of the action the facts so specifiedshall be deemed established, and the trial or final hearing shallbe conducted accordingly.(e) Form of Affidavits; Further Testimony. Supporting andopposing affidavits shall be made on personal knowledge, shall setforth such facts as would be admissible in evidence, and shall showaffirmatively that the affiant is competent to testify to thematters stated therein. Sworn or certified copies of all papers orparts thereof referred to in an affidavit shall be attached theretoor served therewith. The court may permit affidavits to besupplemented or opposed by depositions, answers to interrogatories,or by further affidavits.(f) When Affidavits Are Unavailable. If it appears from theaffidavits of a party opposing the motion that the party cannot forreasons stated present by affidavit facts essential to justifyopposition, the court may refuse the application for judgment ormay order a continuance to permit affidavits to be obtained ordepositions to be taken or discovery to be had or may make suchother order as is just.(g) Affidavits Made in Bad Faith. If it appears to thesatisfaction of the court at any time that any of the affidavitspresented pursuant to this rule are presented in bad faith orsolely for the purpose of delay, the court shall forthwith orderthe party employing them to pay to the other party the amount ofthe reasonable expenses which the filing of the affidavits causedthe other party to incur, including reasonable attorneys' fees, andany offending party or attorney may be adjudged guilty of contempt.
Expert:  Ray replied 1 year ago.
I appreciate the chance to help you today, good luck in court.
Expert:  Ray replied 1 year ago.
If you can positive rate it is always much appreciated.