INSTRUCTIONS FOR OPPOSING A MOTION FORM AS YOUR …

1 INSTRUCTIONS FOR OPPOSING A MOTIONA MOTION requests the Court to take action under a specific Federal Rule. To oppose amotion, you must prepare an affidavit or affirmation. You will title your submission asappropriate, for example: plaintiff s opposition to defendant's MOTION to dismiss or forsummary judgment. A form is attached to these INSTRUCTIONS . DO NOT USE THISFORM AS YOUR AFFIDAVIT OR AFFIRMATION. The form is only provided as aguide. You should draft your own affidavit or affirmation in opposition to the .An affirmation is a statement which is made under penalty of perjury. An affidavit issworn to before a licensed notary public of the state. When using the affidavit/ affirmationform, only use the terms which apply to the type of form you are you are OPPOSING a MOTION for summary judgment, your affidavit or affirmation shouldattach and refer to any relevant exhibits. You may also attach affidavits or affirmationsfrom other people who have personal knowledge of relevant information regarding may also submit a memorandum of law to explain what the law is and how it appliesto the facts of your case.

2 However, any facts on which you rely must be in an affidavit oraffirmation; it is not sufficient to state facts in a memorandum of law. Similarly, theaffidavit or affirmation should contain only facts; do not include any references to the lawin your affidavit or affirmation. If you prepare a memorandum of law, it must be sentalong with your affirmation/affidavit to each defendant or his/her attorney(s). a copy of the papers you have prepared for each defendant or his or her attorney. Ifseveral defendants share the same attorney, you need only make one copy for thatattorney. You must retain a copy of the opposition papers for (or hand deliver) a copy of your opposition papers to the defendants or theirattorney(s). First class mail is an affirmation of service (see attached). Attach the affirmation of service to theoriginal papers for filing with the your judge's individual rules specify otherwise, bring or mail the originalopposition papers (with the affirmation of service attached) to the Pro Se Office at least(10) ten business days after service of the moving papers, (4) four business days if you areresponding to a discovery MOTION .

3 REFER TO RULE 6 OF THE FEDERAL RULESOF CIVIL PROCEDURE (ATTACHED HERETO). YOU SHOULD ALSOREFER TO THE RULE REFERRED TO IN DEFENDANT'S 2 You should also submit an extra ''courtesy'' copy to the Pro Se Office for forwardingdirectly to the Judge. Please write ''courtesy copy'' in the upper right corner of the extracopy for the you need additional time to submit your opposition papers, try to obtain youradversary's consent. If possible, get their consent in writing. If the other side does notconsent, you will need to write to the assigned judge to request an extension (also calledenlargement) of time. You must request an extension of time before the deadline you areseeking to extend 6/2002 This illustrates the FORM for an affidavit or affirmationin opposition to a MOTION . The CONTENT of your affidavitNOTE:or affirmation depends on the facts of your case. Pleasedraft your own affidavit or affirmation using this formas a STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORKxCV[insert your name]Plaintiff,[insert docket numberand judge's initials]-against-PLAINTIFF'SAFFIDAVIT/A FFIRMATIONIN opposition TODEFENDANT'S MOTION [insert name] OF NEW YORK) OF), affirms the following[your name]under penalty of perjury:orbeing duly sworn, deposes and I respectfully submitI am the plaintiff in this action,this affidavit/affirmation in opposition to the MOTION dated, made by,[date of the MOTION ][name of moving party] have personal knowledge of facts which bear on thismotion.

4 ,,()[state the facts in detail which show that the reliefrequested in the MOTION is ; number all your as many pages asReview defendant'smotion paragraph by paragraph. In your own separatelynumbered paragraphs, state the facts, providing dates. Ifyou are OPPOSING a summary judgment MOTION , you must attachrelevant documents and refer to the documents in yourIn view of the foregoing, it is respectfullyopposition.]submitted that the MOTION should be declare under penalty of perjury that the foregoing is true :[signature][type or print name]AddressOR:day ofSworn to me before this 20[sign before a licensed notary public of this state].[Signature][Type or print name]Notary PublicThe MOTION should be denied because3.,UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORKx,CVPlaintiff,PLAINTIFF'SAFFIDAVIT/A FFIRMATIONIN opposition TODEFENDANT'S OF NEW YORK) OF), affirms the followingunder penalty of perjury:orbeing duly sworn, deposes and says:1.

5 And I respectfully submitI am the plaintiff in this action,this affidavit/affirmation in opposition to the MOTION dated, made by, have personal knowledge of facts which bear on MOTION should be denied because3.(You may use additional 8 1/2 x 11 paper if needed),()In view of the foregoing, it is respectfully submitted thatthe MOTION should be declare under penalty of perjury that the foregoing is true :NameAddressOR:Sworn to me before thisday of 20 Notary PublicSignature, Pro Se PlaintiffNameAddressSignature, Pro Se Plaintiff,UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORKxAffirmation of ServicePlaintiff, declare under penalty of perjury that Ihave served a copy of the attached affirmation/affidavit inopposition to defendant's MOTION upon:whose address : New YorkSignatureAddressCity, State & Zip codeTelephone,,I,()