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Do I need to attach an affidavit to an oppsition to plaintiff's summary judgment, and also to a motion for summary judgment?

Carmel, IN |

This is for a debt collection case. as a defendant, what motions need to have sworn affidavits, besides the sworn denial?

Attorney Answers 2

  1. Best answer

    Yes. In opposition to summary judgment, you must identify genuine issues of material fact in dispute and do so using a sworn affidavit made upon personal knowledge and subjecting the affiant to the penalties of perjury. Indiana Rule of Trial Procedure 56 is the applicable rule. When making the affirmation make sure you use the following language: " I swear under the penalties of perjury that the foregoing statements are true and correct." Then sign the affidavit. Good luck.

  2. Yes, affidavits are needed for all such motions. See T.R. 56(e)

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