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The document is a legal affidavit submitted by the Plaintiff in support of a Motion for Summary Judgment in a court case. It includes personal testimony from the Plaintiff regarding relevant facts of the case, affirming their truthfulness and competence to testify. Additionally, it contains a Certificate of Service indicating that the affidavit has been properly served to the Defendant's counsel.

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What is a plaintiff in simple terms?

In a courtroom, the plaintiff is the person or group who is accusing another person or group of some wrongdoing. If youre the plaintiff, you are claiming that a law was broken, and youre in court to present your case. The plaintiff accuses, the defendant tries to prove that accusation wrong.

What three things must a plaintiff prove?

To prove res ipsa loquitur negligence, the plaintiff must prove 3 things: The incident was of a type that does not generally happen without negligence. It was caused by an instrumentality solely in defendants control. The plaintiff did not contribute to the cause.

How often do plaintiffs win on summary judgment?

The odds of winning a summary judgment, known as the grant rate, vary widely by case type. The most common grant of summary judgment is in Title VII and employment cases. These are granted in whole in 49.2% of cases, in part in 23.3% of cases, and denied in 27.5% of cases.

What happens when a plaintiff wins summary judgment?

Once the summary judgment is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.

Is summary judgment a settlement?

Summary judgment provides a good opportunity to settle your lawsuit. If summary judgment is denied, then the case will move forward to trial and the costs of litigation to both sides will likely increase substantially. If summary judgment is granted, then the entire case may be thrown out.

What does plaintiff motion for summary judgment mean?

A summary judgment motion asks the court to decide this case without having a trial. Here are some important things to know. What is summary judgment? Summary judgment is a way for one party to win their case without a trial. The party can ask for summary judgment for part of the case or for the whole case.

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What is a plaintiff in simple terms?

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How often do plaintiffs win on summary judgment?

What happens when a plaintiff wins summary judgment?

Is summary judgment a settlement?

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