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Supporting Motion Form

Supporting Motion Form

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What is the Supporting Motion

The supporting motion is a crucial legal document that provides additional arguments and evidence to support a motion for summary judgment. In age discrimination cases, this document outlines the facts and legal standards that demonstrate the plaintiff's entitlement to judgment without a trial. It typically includes affidavits, depositions, and other relevant evidence that substantiate the claims made in the initial motion.

How to use the Supporting Motion

To effectively use the supporting motion, the plaintiff must ensure that the document clearly articulates the basis for the motion for summary judgment. This includes citing relevant statutes, case law, and factual evidence that supports the claim of age discrimination. The supporting motion should be organized logically, making it easy for the court to follow the arguments presented.

Key elements of the Supporting Motion

Several key elements must be included in a supporting motion for summary judgment. These include:

  • Affidavits: Sworn statements from witnesses or experts that provide factual support.
  • Documentary Evidence: Relevant documents that corroborate the plaintiff's claims.
  • Legal Arguments: Clear explanations of the applicable law and how it supports the motion.
  • Case Law: Citations of previous cases that establish precedent for the arguments made.

Steps to complete the Supporting Motion

Completing a supporting motion involves several important steps:

  1. Gather all relevant evidence, including affidavits and documents.
  2. Draft the supporting motion, ensuring clarity and logical flow.
  3. Cite applicable laws and precedents that bolster the argument.
  4. Review the motion for compliance with court rules and formatting requirements.
  5. File the motion with the court and serve it to all parties involved.

Legal use of the Supporting Motion

The legal use of a supporting motion is essential in age discrimination cases. It must adhere to the rules of civil procedure, which dictate how motions are filed and argued in court. The supporting motion serves as a formal request for the court to grant summary judgment based on the evidence presented, thereby avoiding the need for a trial if the evidence is compelling enough.

Filing Deadlines / Important Dates

Filing deadlines for a supporting motion can vary depending on the jurisdiction and specific court rules. It is crucial for plaintiffs to be aware of these deadlines to ensure that their motion is filed in a timely manner. Typically, deadlines are set after the close of discovery or in accordance with a scheduling order issued by the court. Missing these deadlines can result in the dismissal of the motion.

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