What document is typically required for a summary judgment application?

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For a summary judgment application, an application supported by an affidavit is essential because it provides the factual basis for the request. A summary judgment is sought when one party believes there is no genuine issue of material fact that requires a trial, and the affidavit serves to present evidence directly supporting this claim. It typically outlines the facts of the case, any relevant documents, and the applicant's arguments, allowing the court to evaluate whether the application meets the necessary legal standard for summary judgment.

In this context, while a formal notice of motion is relevant as it is a procedural document that indicates to the court that a party is seeking a specific order, it does not serve the same evidentiary function as an affidavit. A certificate of service verifies that the other party has been given notice of the proceedings, but it does not substantiate the merits of the application itself. A witness statement, while valuable, is generally more applicable in the context of giving evidence at trial rather than initiating the summary judgment process, where the focus is instead on the established facts through an affidavit.

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