affidavit of defense


affidavit of defense
An affidavit stating that the defendant has a good defense to the plaintiffs action on the merits; e.g. affidavit filed with motion for summary judgment. Fed.R. Civil P. 56(e)

Black's law dictionary. . 1990.

Look at other dictionaries:

  • affidavit of defense — The same in most jurisdictions as an affidavit of merits. In at least one jurisdiction, however, an affidavit of defense has been the equivalent of a plea or answer. 41 Am J1st Pl § 171, note …   Ballentine's law dictionary

  • affidavit — af·fi·da·vit /ˌa fə dā vət/ n [Medieval Latin, he/she has pledged faith, third singular perfect of affidare see affiant]: a sworn statement in writing made esp. under oath or on affirmation before an authorized magistrate or officer compare… …   Law dictionary

  • defense — That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks. That which is put forward to diminish plaintiffs cause of action or …   Black's law dictionary

  • affidavit of merits — (sometimes called affidavit of defense). An affidavit stating the foundation of the defendant s defense and denying the right of the plaintiff to recover in the action. 41 Am J1st Pl § 172. Such affidavit is required on a motion to set aside a… …   Ballentine's law dictionary

  • affidavit of merits — One setting forth that the defendant has a meritorious defense (substantial and not technical) and stating the facts constituting the same. See affidavit of defense …   Black's law dictionary

  • affidavit of merits — an affidavit made by a party to an action (as to prevent the automatic entry of judgment against that party) setting forth that the party has a substantial and genuine ground of action or defense and that the complaint or plea filed is not sham… …   Useful english dictionary

  • National Defense Education Act — The National Defense Education Act (NDEA), signed into law on September 2, 1958, provided funding to United States education institutions at all levels.[1] The act authorized funding for four years, increasing funding per year: for example,… …   Wikipedia

  • Fishman Affidavit — The Fishman Affidavit is a set of court documents submitted by ex Scientologist Steven Fishman in 1993 in the federal case, Church of Scientology International v. Fishman and Geertz (Case No. CV 91 6426 (HLH (Tx) U.S. District Court for the… …   Wikipedia

  • Foreign Affairs and Defense Committee — The Foreign Affairs and Defense Committee ( he. ועדת חוץ וביטחון) is a permanent Knesset committee which oversees key Foreign and Defense areas, including the drafting of legislation, supervision over related government ministries and the… …   Wikipedia

  • summary judgment — A judgment in a summary proceeding, as one rendered pursuant to statute against the sureties on a bond furnished in an action. 50 Am J1st Suret § 209. A judgment in certain actions specified in the statute providing the remedy, rendered upon… …   Ballentine's law dictionary


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