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contended that there is a genuine dispute <strong>and</strong> (2) as to each such<br />

fact, identify <strong>and</strong> attach the relevant portion of the specific<br />

document, discovery response, transcript of testimony (by page<br />

<strong>and</strong> line), or other statement under oath that demonstrates the<br />

dispute. A response asserting the existence of a material fact<br />

or controverting any fact contained in the record shall be<br />

supported by an opposing party who desires to controvert any fact<br />

contained in it may not rest solely upon allegations contained in<br />

the pleadings, but shall support the response by an affidavit or<br />

other written statement under oath. A party may file a motion to<br />

strike all or part of an affidavit or statement that contradicts<br />

(1) the deposition testimony of the person making the affidavit<br />

or statement unless the contradiction has been resolved by<br />

changes made within the time allowed by Rule 2-415 (d), or (2)<br />

any other prior sworn statement of the affiant, including<br />

testimony at a prior hearing or an answer to an interrogatory.<br />

If the court finds that the affidavit or statement is<br />

contradictory, the court shall strike it unless the court<br />

determines that manifest injustice would result.<br />

(c) Form of Affidavit<br />

An affidavit supporting or opposing a motion for summary<br />

judgment shall be made upon personal knowledge, shall set forth<br />

such facts as would be admissible in evidence, <strong>and</strong> shall show<br />

affirmatively that the affiant is competent to testify to the<br />

matters stated in the affidavit.<br />

(d) Affidavit of Defense Not Available<br />

-33

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