key term - Declaration in Support

Definition

A declaration in support is a formal statement made under penalty of perjury by a party or witness, asserting facts relevant to a motion or other legal proceeding. This type of declaration is often used to provide evidence in support of motions for summary judgment, helping to establish the existence or absence of genuine issues of material fact and assisting the court in making a decision based on the law.

5 Must Know Facts For Your Next Test

1. Declarations in support must be made under penalty of perjury, meaning that false statements can result in criminal charges.
2. They are often accompanied by exhibits, such as documents or photographs, to provide additional evidence backing the claims made in the declaration.
3. These declarations are typically submitted alongside motions for summary judgment to demonstrate that there is no genuine dispute over material facts.
4. The court relies on the content of declarations in support when determining if a summary judgment should be granted or denied.
5. Parties may cross-examine individuals who provide declarations in support during the litigation process to challenge the credibility of their statements.

Review Questions

• How does a declaration in support function within the context of a motion for summary judgment?
  • A declaration in support plays a crucial role in motions for summary judgment by providing the court with factual assertions made under penalty of perjury. It helps establish whether there are genuine disputes over material facts that would necessitate a trial. Essentially, these declarations offer evidence that supports or opposes the motion, guiding the court's decision on whether to grant or deny summary judgment based on the law and presented facts.
• What are the key differences between a declaration in support and an affidavit, and how might each be used in legal proceedings?
  • While both a declaration in support and an affidavit serve as written statements made under oath, the main difference lies in their use and formality. An affidavit is typically more formal and often used when filing documents with a court, while a declaration can be simpler and is generally used in various motions. In legal proceedings, affidavits may be required for specific types of motions or evidentiary purposes, while declarations in support are specifically aimed at supporting motions like summary judgment.
• Evaluate how the reliability and credibility of declarations in support impact judicial decisions regarding motions for summary judgment.
  • The reliability and credibility of declarations in support are pivotal for judicial decisions on motions for summary judgment because they directly influence the court's assessment of material facts. If the declarations are deemed credible and well-supported by evidence, they may effectively demonstrate that no genuine disputes exist, leading to a favorable ruling for the moving party. Conversely, if there are doubts about the reliability of the declarations, such as inconsistencies or lack of corroborating evidence, this could prompt the court to deny summary judgment and allow the case to proceed to trial, emphasizing the importance of presenting trustworthy and factual assertions.

Related terms

Affidavit: A written statement confirmed by oath or affirmation, used as evidence in court.

Summary Judgment: A legal procedure where the court makes a final decision on a case without going to trial, typically based on the lack of material fact disputes.

Material Fact: A fact that could affect the outcome of a legal case; its existence or absence is crucial in determining whether a summary judgment is appropriate.