Post Judgment Affidavit

[jason66er]

What is the name of your state? Texas

I filed a MSJ and an affidavit. In my affidavit, I failed to include the line "Attached hereto as Exhibit X", to attach my individual exhibits. The judge denied my MSJ and granted the defendants because I had "no evidence". There is now a motion for reconsideration pending. I have since filed an affidavit of correction that includes the line stated above with the respective exhibits. Since the new amended affidavit does not contradict my previous affidavit and I already attempted to submit the evidence that the amended affidavit refers to, would the judge accept the amended affidavit?

 

[Zigner]

What is the name of your state? Texas

I filed a MSJ and an affidavit. In my affidavit, I failed to include the line "Attached hereto as Exhibit X", to attach my individual exhibits. The judge denied my MSJ and granted the defendants because I had "no evidence". There is now a motion for reconsideration pending. I have since filed an affidavit of correction that includes the line stated above with the respective exhibits. Since the new amended affidavit does not contradict my previous affidavit and I already attempted to submit the evidence that the amended affidavit refers to, would the judge accept the amended affidavit?

I'd say the judge either will or won't. (I haven't been able to find the crystal ball for months now.)

 

[adjusterjack]

The judge denied my MSJ and granted the defendants because I had "no evidence".

Did the judge really say that or are you just paraphrasing?

Motions for Summary Judgment are granted because the movant has convinced the judge that "there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the issues expressly set out in the motion or in an answer or any other response." (Texas Rules of Civil Procedure 166a.)

http://www.stcl.edu/lib/TexasRulesProject/TRCP166-175/rule166a1997.htm
If the judge granted your opponent's MSJ I would hope that the judge would have expounded somewhat on elements of your opponent's motion rather than just granting it because you had "no evidence."

 

[Zigner]

If the judge granted your opponent's MSJ I would hope that the judge would have expounded somewhat on elements of your opponent's motion rather than just granting it because you had "no evidence."

The OP filed the motion and the motion was denied. That means that the OP needs to take this to trial (or settlement).

 

[jason66er]

I amended an affidavit I used for summary judgment. In the amendment, I added quotes from the evidence I attempted to submit with the original affidavit.
Would this be considered a change in the substance of my affidavit or a change in the form?

Would adding quotes from the evidence I attempted to submit with the original affidavit be considered an attempt at adding or changing the facts for the new affidavit? The quotes were contained in the motion itself.

 

[Litigator22]

I amended an affidavit I used for summary judgment. In the amendment, I added quotes from the evidence I attempted to submit with the original affidavit.
Would this be considered a change in the substance of my affidavit or a change in the form?

Would adding quotes from the evidence I attempted to submit with the original affidavit be considered an attempt at adding or changing the facts for the new affidavit? The quotes were contained in the motion itself.

Maybe if you understood the meaning of the words you could answer your question.

Here your word "substance" denotes the inner essence, fabric, the gist, theme or central meaning of something written; to-wit: the content/words of the affidavit.

How the content/words are displayed, arranged or presented to give it a particular aspect, shape, pattern, configuration or appearance is the "form" or format.

But I sense that you have more problems pursuing your MSJ than just understanding the difference between the content of your affidavit and how that content is exhibited. Especially if your presentation to the court is as disorganized and unintelligible as your post.

 

[FlyingRon]

"There is no evidence" is actually one of the standards in Rule 166a. I think the poster is arguing that the "lack of evidence" was due to his failure to include a referenced exhibit. Still, you don't get to just paper the court with motions.

 

[Zigner]

The OP filed the motion and the motion was denied. That means that the OP needs to take this to trial (or settlement).

Well this is wrong. D already had their MSJ granted. Oops.

 

[quincy]

I am confused by what has been said. Who exactly is the plaintiff, who is the defendant, and why did both file motions for summary judgment?

 

[Zigner]

The OP is the Plaintiff.
The OP filed a MSJ.
The D also filed an MSJ.
The OP's MSJ was denied.
The D's MSJ was granted because the OP's response to D's MSJ wasn't convincing.

 

[justalayman]

The OP is the Plaintiff.
The OP filed a MSJ.
The D also filed an MSJ.
The OP's MSJ was denied.
The D's MSJ was granted because the OP's response to D's MSJ wasn't convincing.

So was the d’s Msj granted because op failed to present evidence to defend or was op’s Msj lost because op failed to provide supporting evidence?

In other words: the evidence op speaks of: was it in support of his motion or in defense to the d’s motion?

 

[quincy]

It appears Jason needs to do a bit of clarifying.