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 default. 30A Am J Rev ed. Judgm § 719. It is also required under the practice in some jurisdictions to avoid the taking of a summary judgment against the defendant. 41 Am J1st Pl § 171.
Ballentine's law dictionary. Anderson, W.S.. 1998.
Look at other dictionaries:
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
merits of case — The essential issues. The substantive rights presented by an action. The strict legal rights of the parties to an action, as contradistinguished from those mere questions of practice which every court regulates for itself, and from all matters… … Ballentine's law dictionary
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 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
merit — mer·it / mer ət/ n 1 pl: the substance of a case apart from matters of jurisdiction, procedure, or form a ruling on the merit s of the case see also judgment on the merits at … Law dictionary
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
calumniae jusjurandum — /kalamniyiy jssjaraendam/ The oath of (against) calumny. An oath imposed upon the parties to a suit that they did not sue or defend with the intention of calumniating (calumniandi animo), i.e., with a malicious design, but from a firm belief that … Black's law dictionary
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