Discover what makes an affidavit strong or weak in a motion for summary judgment. Learn how to draft or challenge affidavits with the right legal strategy and support from Legal Husk.

Affidavits in Summary Judgment: What Makes Them Strong or Weak?

Introduction

In the world of summary judgment, few pieces of evidence carry as much weight—or as much risk—as the affidavit. A well-drafted affidavit can convince a judge to grant or deny summary judgment. A poorly constructed one can sink your case.

So what separates a strong affidavit from a weak one in the context of Rule 56 or state-level equivalents?

This article explores the key qualities of an effective affidavit, the common pitfalls to avoid, and how affidavits can make or break your motion for summary judgment.

Need help drafting, reviewing, or rebutting an affidavit? Visit legalhusk.com or legalhusk.com/services/civil-litigation for court-ready litigation documents.

What Is an Affidavit in Summary Judgment?

An affidavit is a sworn written statement used to:

• Support a motion for summary judgment
• Oppose summary judgment
• Authenticate attached exhibits or records

Affidavits must be based on personal knowledge, signed by the declarant, and notarized (in some jurisdictions).

In federal court, unsworn declarations under 28 U.S.C. § 1746 may substitute for affidavits.

What Makes an Affidavit Strong?

1. Personal Knowledge

• The affiant must personally observe or know the facts stated.
• Statements like “I believe” or “I was told” weaken the credibility.

✅ Example: “I was present in the meeting where the contract was signed.”

2. Specificity

• Avoid vague or general claims.
• Provide details: dates, names, locations, and direct quotes.

✅ Example: “On March 5, 2023, at 2:15 p.m., I received a phone call from Defendant, during which he stated...”

3. Relevance

• Only include facts that support or dispute a material issue in the motion.
• Don’t add narrative, emotion, or irrelevant background.

✅ Stick to facts the court must consider in ruling on summary judgment.

4. Proper Format and Authentication

• Use numbered paragraphs.
• Clearly label attached exhibits (e.g., Exhibit A).
• Include a notary or compliant declaration under penalty of perjury.

✅ “I declare under penalty of perjury that the foregoing is true and correct.”

5. Support for Exhibits

• Use the affidavit to authenticate:
  • Emails
  • Contracts
  • Business records
  • Photos

✅ “Attached as Exhibit B is a true and correct copy of the invoice I generated on February 1, 2024.”

What Makes an Affidavit Weak?

1. Lack of Personal Knowledge

❌ “I was told that the Defendant breached the contract.”

2. Legal Conclusions or Opinions

❌ “The Defendant committed fraud.”

• Judges decide the law. Stick to facts, not conclusions.

3. Hearsay and Unsupported Statements

❌ “My manager said she heard the defendant admit guilt.”

• Exclude hearsay unless it falls under a valid exception.

4. Irrelevant or Inflamatory Content

❌ “The Defendant has always been dishonest and should not be trusted.”

5. Failure to Authenticate Evidence

❌ “See attached documents.” (with no explanation or source)

Examples: Side-by-Side Comparison

Weak Affidavit Statement:

“I think the defendant lied.”

Strong Affidavit Statement:

“On April 15, 2023, Defendant stated to me, ‘I changed the numbers in the report before submitting it.’”

Strategic Uses of Affidavits

In Support of MSJ:

• Prove elements of your claim or defense.
• Eliminate factual disputes by providing firsthand accounts.

In Opposition to MSJ:

• Raise questions about opposing party’s version of facts.
• Create factual disputes to avoid pretrial dismissal.

How Courts Evaluate Affidavits

Judges review affidavits to determine:

• Are the statements based on personal knowledge?
• Are they relevant and material?
• Are they properly supported and formatted?
• Do they raise or eliminate genuine factual disputes?

A weak affidavit may be stricken or disregarded entirely.

Best Practices for Drafting an Affidavit

• Use clear, factual language.
• Separate different facts into numbered paragraphs.
• Avoid opinions, hearsay, or irrelevant details.
• Attach and describe all supporting exhibits.
• Include a declaration under penalty of perjury or notarization.

How Legal Husk Can Help

At Legal Husk, we:

• Draft compelling affidavits tailored to summary judgment motions
• Review and revise client affidavits for legal compliance
• Authenticate evidence and attach exhibits
• Assist in striking or challenging opposing affidavits

📌 Explore our legal drafting services at:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Affidavits are not filler—they’re the cornerstone of your motion for summary judgment. Strong affidavits combine truth, clarity, and legal precision. Weak ones invite dismissal, delays, or damage to your credibility.

📩 Need a professionally drafted affidavit for your case? Visit Legal Husk to purchase court-compliant affidavits and legal documents that help win your motion.