Affidavit In Support Of Motion For Order Allowing Entry Of: Fill & Download for Free

My answer applies to the law of the state of Utah, where I practice divorce and family law.Yes, the law provides that the judge may order your spouse to pay your attorneys fees and litigation costs that you incur during the pendency of your divorce case, and/or at the end of the case award you the amount of money you paid your attorney.Here are the code sections that apply:Utah Code § 30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.(1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate Maintenance, or Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, and in any action to establish an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend the action. The order may include provision for costs of the action.(2) In any action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense. The court, in its discretion, may award no fees or limited fees against a party if the court finds the party is impecunious or enters in the record the reason for not awarding fees.(3) In any action listed in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of any children in the custody of the other party.(4) Orders entered under this section prior to entry of the final order or judgment may be amended during the course of the action or in the final order or judgment.To justify an award of attorney fees in a divorce proceeding, the court must make specific finding regarding the receiving spouse's financial need, the payor spouse's ability to pay, and the reasonableness of the requested fees; failure to consider these factors is grounds for reversal on the issue of fees.  Chaparro v. Torero, 2018 UT App 181 (436 P.3d 339 (Utah Ct.App. 2018)).Attorney fees awarded in an action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case serve no equalizing function but allow the moving party to collect fees unnecessarily incurred due to the other party's recalcitrance; in other words, when one party refuses to comply with a court order, thereby compelling another party to seek its enforcement, that party risks liability for the fees and costs accrued in the enforcement proceeding.  Wollsieffer v. Wollsieffer, 2019 UT App 99 (446 P.3d 84 (Utah Ct.App. 2019))Rule 102. Motion and order for payment of costs and fees.(a) In an action under Utah Code Section 30-3-3(1), either party may move the court for an order requiring the other party to provide costs, attorney fees, and witness fees, including expert witness fees, to enable the moving party to prosecute or defend the action. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested. The motion may include a request for costs or fees incurred:(a)(1) prior to the commencement of the action;(a)(2) during the action; or(a)(3) after entry of judgment for the costs of enforcement of the judgment.(b) The court may grant the motion if the court finds that:(b)(1) the moving party lacks the financial resources to pay the costs and fees;(b)(2) the non moving party has the financial resources to pay the costs and fees;(b)(3) the costs and fees are necessary for the proper prosecution or defense of the action; and(b)(4) the amount of the costs and fees are reasonable.(c) The court may deny the motion or award limited payment of costs and fees if the court finds that one or more of the grounds in paragraph (b) is missing or enters in the record the reason for denial of the motion.(d) The order shall specify the costs and fees to be paid within 30 days of entry of the order or the court shall enter findings of fact that a delay in payment will not create an undue hardship to the moving party and will not impair the ability of the moving party to prosecute or defend the action. The order shall specify the amount to be paid. The court may order the amount to be paid in a lump sum or in periodic payments. The court may order the fees to be paid to the moving party or to the provider of the services for which the fees are awarded.Utah Code § 78B-5-825. Attorney fees -- Award where action or defense in bad faith -- Exceptions.(1) In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2).(2) The court, in its discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court:(a) finds the party has filed an affidavit of impecuniosity in the action before the court; or(b) the court enters in the record the reason for not awarding fees under the provisions of Subsection (1).

Rule 56. Summary JudgmentPrimary tabs(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.(b) Time to File a Motion. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.(c) Procedures.(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.(d) When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:(1) defer considering the motion or deny it;(2) allow time to obtain affidavits or declarations or to take discovery; or(3) issue any other appropriate order.(e) Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may:(1) give an opportunity to properly support or address the fact;(2) consider the fact undisputed for purposes of the motion;(3) grant summary judgment if the motion and supporting materials — including the facts considered undisputed — show that the movant is entitled to it; or(4) issue any other appropriate order.(f) Judgment Independent of the Motion. After giving notice and a reasonable time to respond, the court may:(1) grant summary judgment for a nonmovant;(2) grant the motion on grounds not raised by a party;or(3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.(g) Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact — including an item of damages or other relief — that is not genuinely in dispute and treating the fact as established in the case.(h) Affidavit or Declaration Submitted in Bad Faith. If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court — after notice and a reasonable time to respond — may order the submitting party to pay the other party the reasonable expenses, including attorney’s fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010.)Notes of Advisory Committee on Rules—1937This rule is applicable to all actions, including those against the United States or an officer or agency thereof.Summary judgment procedure is a method for promptly disposing of actions in which there is no genuine issue as to any material fact. It has been extensively used in England for more than 50 years and has been adopted in a number of American states. New York, for example, has made great use of it. During the first nine years after its adoption there, the records of New York county alone show 5,600 applications for summary judgments. Report of the Commission on the Administration of Justice in New York State (1934), p. 383. See also Third Annual Report of the Judicial Council of the State of New York (1937), p. 30.In England it was first employed only in cases of liquidated claims, but there has been a steady enlargement of the scope of the remedy until it is now used in actions to recover land or chattels and in all other actions at law, for liquidated or unliquidated claims, except for a few designated torts and breach of promise of marriage. English Rules Under the Judicature Act (The Annual Practice, 1937) O. 3, r. 6; Orders 14, 14A, and 15; see also O. 32, r. 6, authorizing an application for judgment at any time upon admissions. In Michigan (3 Comp.Laws (1929) §14260) and Illinois (Ill.Rev.Stat. (1937) ch. 110, §§181, 259.15, 259.16), it is not limited to liquidated demands. New York (N.Y.R.C.P. (1937) Rule 113; see also Rule 107) has brought so many classes of actions under the operation of the rule that the Commission on Administration of Justice in New York State (1934) recommend that all restrictions be removed and that the remedy be available “in any action” (p. 287). For the history and nature of the summary judgment procedure and citations of state statutes, see Clark and Samenow, The Summary Judgment (1929), 38 Yale L.J. 423.Note to Subdivision (d). See Rule 16 (Pre-Trial Procedure; Formulating Issues) and the Note thereto.Note to Subdivisions (e) and (f). These are similar to rules in Michigan. Mich.Court Rules Ann. (Searl, 1933) Rule 30.Notes of Advisory Committee on Rules—1946 AmendmentSubdivision (a). The amendment allows a claimant to move for a summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. This will normally operate to permit an earlier motion by the claimant than under the original rule, where the phrase “at any time after the pleading in answer thereto has been served” operates to prevent a claimant from moving for summary judgment, even in a case clearly proper for its exercise, until a formal answer has been filed. Thus in Peoples Bank v. Federal Reserve Bank of San Francisco (N.D.Cal. 1944) 58 F.Supp. 25, the plaintiff's counter-motion for a summary judgment was stricken as premature, because the defendant had not filed an answer. Since Rule 12(a) allows at least 20 days for an answer, that time plus the 10 days required in Rule 56(c) means that under original Rule 56(a) a minimum period of 30 days necessarily has to elapse in every case before the claimant can be heard on his right to a summary judgment. An extension of time by the court or the service of preliminary motions of any kind will prolong that period even further. In many cases this merely represents unnecessary delay. See United States v. Adler's Creamery, Inc. (C.C.A.2d, 1939) 107 F.(2d) 987. The changes are in the interest of more expeditious litigation. The 20-day period, as provided, gives the defendant an opportunity to secure counsel and determine a course of action. But in a case where the defendant himself serves a motion for summary judgment within that time, there is no reason to restrict the plaintiff and the amended rule so provides.Subdivision (c). The amendment of Rule 56(c), by the addition of the final sentence, resolves a doubt expressed in Sartor v. Arkansas Natural Gas Corp. (1944) 321 U.S. 620. See also Commentary, Summary Judgment as to Damages (1944) 7 Fed.Rules Serv. 974; Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co. (C.C.A.2d, 1945) 147 F.(2d) 399, cert. den. (1945) 325 U.S. 861. It makes clear that although the question of recovery depends on the amount of damages, the summary judgment rule is applicable and summary judgment may be granted in a proper case. If the case is not fully adjudicated it may be dealt with as provided in subdivision (d) of Rule 56, and the right to summary recovery determined by a preliminary order, interlocutory in character, and the precise amount of recovery left for trial.Subdivision (d). Rule 54(a) defines “judgment” as including a decree and “any order from which an appeal lies.” Subdivision (d) of Rule 56 indicates clearly, however, that a partial summary “judgment” is not a final judgment, and, therefore, that it is not appealable, unless in the particular case some statute allows an appeal from the interlocutory order involved. The partial summary judgment is merely a pretrial adjudication that certain issues shall be deemed established for the trial of the case. This adjudication is more nearly akin to the preliminary order under Rule 16, and likewise serves the purpose of speeding up litigation by eliminating before trial matters wherein there is no genuine issue of fact. See Leonard v. Socony-Vacuum Oil Co. (C.C.A.7th, 1942) 130 F.(2d) 535; Biggins v. Oltmer Iron Works (C.C.A.7th, 1946) 154 F.(2d) 214; 3 Moore's Federal Practice (1938). 3190–3192. Since interlocutory appeals are not allowed, except where specifically provided by statute (see 3 Moore, op. cit. supra, 3155–3156) this interpretation is in line with that policy, Leonard v. Socony-Vacuum Oil Co., supra. See also Audi Vision Inc., v. RCA Mfg. Co. (C.C.A.2d, 1943) 136 F.(2d) 621; Toomey v. Toomey (App.D.C. 1945) 149 F.(2d) 19; Biggins v. Oltmer Iron Works, supra; Catlin v. United States (1945) 324 U.S. 229.Notes of Advisory Committee on Rules—1963 AmendmentSubdivision (c). By the amendment “answers to interrogatories” are included among the materials which may be considered on motion for summary judgment. The phrase was inadvertently omitted from the rule, see 3 Barron & Holtzoff, Federal Practice and Procedure 159–60 (Wright ed. 1958), and the courts have generally reached by interpretation the result which will hereafter be required by the text of the amended rule. See Annot., 74 A.L.R.2d 984 (1960).Subdivision (e). The words “answers to interrogatories” are added in the third sentence of this subdivision to conform to the amendment of subdivision (c).The last two sentences are added to overcome a line of cases, chiefly in the Third Circuit, which has impaired the utility of the summary judgment device. A typical case is as follows: A party supports his motion for summary judgment by affidavits or other evidentiary matters sufficient to show that there is no genuine issue as to a material fact. The adverse party, in opposing the motion, does not produce any evidentiary matter, or produces some but not enough to establish that there is a genuine issue for trial. Instead, the adverse party rests on averments of his pleadings which on their face present an issue. In this situation Third Circuit cases have taken the view that summary judgment must be denied, at least if the averments are “well-pleaded,” and not suppositious, conclusory, or ultimate. See Frederick Hart & Co., Inc. v. Recordgraph Corp., 169 F.2d 580 (3d Cir. 1948); United States ex rel. Kolton v. Halpern, 260 F.2d 590 (3d Cir. 1958); United States ex rel. Nobles v. Ivey Bros. Constr. Co., Inc., 191 F.Supp. 383 (D.Del. 1961); Jamison v. Pennsylvania Salt Mfg. Co., 22 F.R.D. 238 (http://W.D.Pa. 1958); Bunny Bear, Inc. v. Dennis Mitchell Industries, 139 F.Supp. 542 (http://E.D.Pa. 1956); Levy v. Equitable Life Assur. Society, 18 F.R.D. 164 (E.D.Pa. 1955).The very mission of the summary judgment procedure is to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial. The Third Circuit doctrine, which permits the pleadings themselves to stand in the way of granting an otherwise justified summary judgment, is incompatible with the basic purpose of the rule. See 6 Moore's Federal Practice 2069 (2d ed. 1953); 3 Barron & Holtzoff, supra, §1235.1.It is hoped that the amendment will contribute to the more effective utilization of the salutary device of summary judgment.The amendment is not intended to derogate from the solemnity of the pleadings. Rather it recognizes that, despite the best efforts of counsel to make his pleadings accurate, they may be overwhelmingly contradicted by the proof available to his adversary.Nor is the amendment designed to affect the ordinary standards applicable to the summary judgment motion. So, for example: Where an issue as to a material fact cannot be resolved without observation of the demeanor of witnesses in order to evaluate their credibility, summary judgment is not appropriate. Where the evidentiary matter in support of the motion does not establish the absence of a genuine issue, summary judgment must be denied even if no opposing evidentiary matter is presented. And summary judgment may be inappropriate where the party opposing it shows under subdivision (f) that he cannot at the time present facts essential to justify his opposition.Notes of Advisory Committee on Rules—1987 AmendmentThe amendments are technical. No substantive change is intended.Committee Notes on Rules—2007 AmendmentThe language of Rule 56 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.Former Rule 56(a) and (b) referred to summary-judgment motions on or against a claim, counterclaim, or crossclaim, or to obtain a declaratory judgment. The list was incomplete. Rule 56 applies to third-party claimants, intervenors, claimants in interpleader, and others. Amended Rule 56(a) and (b) carry forward the present meaning by referring to a party claiming relief and a party against whom relief is sought.Former Rule 56(c), (d), and (e) stated circumstances in which summary judgment “shall be rendered,” the court “shall if practicable” ascertain facts existing without substantial controversy, and “if appropriate, shall” enter summary judgment. In each place “shall” is changed to “should.” It is established that although there is no discretion to enter summary judgment when there is a genuine issue as to any material fact, there is discretion to deny summary judgment when it appears that there is no genuine issue as to any material fact. Kennedy v. Silas Mason Co., 334 U.S. 249, 256 –257 (1948). Many lower court decisions are gathered in 10A Wright, Miller & Kane, Federal Practice & Procedure: Civil 3d, §2728. “Should” in amended Rule 56(c) recognizes that courts will seldom exercise the discretion to deny summary judgment when there is no genuine issue as to any material fact. Similarly sparing exercise of this discretion is appropriate under Rule 56(e)(2). Rule 56(d)(1), on the other hand, reflects the more open-ended discretion to decide whether it is practicable to determine what material facts are not genuinely at issue.Former Rule 56(d) used a variety of different phrases to express the Rule 56(c) standard for summary judgment—that there is no genuine issue as to any material fact. Amended Rule 56(d) adopts terms directly parallel to Rule 56(c).Committee Notes on Rules—2009 AmendmentThe timing provisions for summary judgment are outmoded. They are consolidated and substantially revised in new subdivision (c)(1). The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.The presumptive timing rules are default provisions that may be altered by an order in the case or by local rule. Scheduling orders are likely to supersede the rule provisions in most cases, deferring summary-judgment motions until a stated time or establishing different deadlines. Scheduling orders tailored to the needs of the specific case, perhaps adjusted as it progresses, are likely to work better than default rules. A scheduling order may be adjusted to adopt the parties’ agreement on timing, or may require that discovery and motions occur in stages—including separation of expert-witness discovery from other discovery.Local rules may prove useful when local docket conditions or practices are incompatible with the general Rule 56 timing provisions.If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.Committee Notes on Rules—2010 AmendmentRule 56 is revised to improve the procedures for presenting and deciding summary-judgment motions and to make the procedures more consistent with those already used in many courts. The standard for granting summary judgment remains unchanged. The language of subdivision (a) continues to require that there be no genuine dispute as to any material fact and that the movant be entitled to judgment as a matter of law. The amendments will not affect continuing development of the decisional law construing and applying these phrases.Subdivision (a). Subdivision (a) carries forward the summary-judgment standard expressed in former subdivision (c), changing only one word — genuine “issue” becomes genuine “dispute.” “Dispute” better reflects the focus of a summary-judgment determination. As explained below, “shall” also is restored to the place it held from 1938 to 2007.The first sentence is added to make clear at the beginning that summary judgment may be requested not only as to an entire case but also as to a claim, defense, or part of a claim or defense. The subdivision caption adopts the common phrase “partial summary judgment” to describe disposition of less than the whole action, whether or not the order grants all the relief requested by the motion.“Shall” is restored to express the direction to grant summary judgment. The word “shall” in Rule 56 acquired significance over many decades of use. Rule 56 was amended in 2007 to replace “shall” with “should” as part of the Style Project, acting under a convention that prohibited any use of “shall.” Comments on proposals to amend Rule 56, as published in 2008, have shown that neither of the choices available under the Style Project conventions — “must” or “should” — is suitable in light of the case law on whether a district court has discretion to deny summary judgment when there appears to be no genuine dispute as to any material fact. Compare Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) (“Neither do we suggest that the trial courts should act other than with caution in granting summary judgment or that the trial court may not deny summary judgment in a case in which there is reason to believe that the better course would be to proceed to a full trial. Kennedy v. Silas Mason Co., 334 U.S. 249 * * * (1948)),” with Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (“In our view, the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.”). Eliminating “shall” created an unacceptable risk of changing the summary-judgment standard. Restoring “shall” avoids the unintended consequences of any other word.Subdivision (a) also adds a new direction that the court should state on the record the reasons for granting or denying the motion. Most courts recognize this practice. Among other advantages, a statement of reasons can facilitate an appeal or subsequent trial-court proceedings. It is particularly important to state the reasons for granting summary judgment. The form and detail of the statement of reasons are left to the court’s discretion.The statement on denying summary judgment need not address every available reason. But identification of central issues may help the parties to focus further proceedings.Subdivision (b). The timing provisions in former subdivisions (a) and (c) are superseded. Although the rule allows a motion for summary judgment to be filed at the commencement of an action, in many cases the motion will be premature until the nonmovant has had time to file a responsive pleading or other pretrial proceedings have been had. Scheduling orders or other pretrial orders can regulate timing to fit the needs of the case.Subdivision (c). Subdivision (c) is new. It establishes a common procedure for several aspects of summary-judgment motions synthesized from similar elements developed in the cases or found in many local rules.Subdivision (c)(1) addresses the ways to support an assertion that a fact can or cannot be genuinely disputed. It does not address the form for providing the required support. Different courts and judges have adopted different forms including, for example, directions that the support be included in the motion, made part of a separate statement of facts, interpolated in the body of a brief or memorandum, or provided in a separate statement of facts included in a brief or memorandum.Subdivision (c)(1)(A) describes the familiar record materials commonly relied upon and requires that the movant cite the particular parts of the materials that support its fact positions. Materials that are not yet in the record — including materials referred to in an affidavit or declaration — must be placed in the record. Once materials are in the record, the court may, by order in the case, direct that the materials be gathered in an appendix, a party may voluntarily submit an appendix, or the parties may submit a joint appendix. The appendix procedure also may be established by local rule. Pointing to a specific location in an appendix satisfies the citation requirement. So too it may be convenient to direct that a party assist the court in locating materials buried in a voluminous record.Subdivision (c)(1)(B) recognizes that a party need not always point to specific record materials. One party, without citing any other materials, may respond or reply that materials cited to dispute or support a fact do not establish the absence or presence of a genuine dispute. And a party who does not have the trial burden of production may rely on a showing that a party who does have the trial burden cannot produce admissible evidence to carry its burden as to the fact.Subdivision (c)(2) provides that a party may object that material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. The objection functions much as an objection at trial, adjusted for the pretrial setting. The burden is on the proponent to show that the material is admissible as presented or to explain the admissible form that is anticipated. There is no need to make a separate motion to strike. If the case goes to trial, failure to challenge admissibility at the summary-judgment stage does not forfeit the right to challenge admissibility at trial.Subdivision (c)(3) reflects judicial opinions and local rules provisions stating that the court may decide a motion for summary judgment without undertaking an independent search of the record. Nonetheless, the rule also recognizes that a court may consider record materials not called to its attention by the parties.Subdivision (c)(4) carries forward some of the provisions of former subdivision (e)(1). Other provisions are relocated or omitted. The requirement that a sworn or certified copy of a paper referred to in an affidavit or declaration be attached to the affidavit or declaration is omitted as unnecessary given the requirement in subdivision (c)(1)(A) that a statement or dispute of fact be supported by materials in the record.A formal affidavit is no longer required. 28 U.S.C. § 1746 allows a written unsworn declaration, certificate, verification, or statement subscribed in proper form as true under penalty of perjury to substitute for an affidavit.Subdivision (d). Subdivision (d) carries forward without substantial change the provisions of former subdivision (f).A party who seeks relief under subdivision (d) may seek an order deferring the time to respond to the summary-judgment motion.Subdivision (e). Subdivision (e) addresses questions that arise when a party fails to support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c). As explained below, summary judgment cannot be granted by default even if there is a complete failure to respond to the motion, much less when an attempted response fails to comply with Rule 56(c) requirements. Nor should it be denied by default even if the movant completely fails to reply to a nonmovant’s response. Before deciding on other possible action, subdivision (e)(1) recognizes that the court may afford an opportunity to properly support or address the fact. In many circumstances this opportunity will be the court’s preferred first step.Subdivision (e)(2) authorizes the court to consider a fact as undisputed for purposes of the motion when response or reply requirements are not satisfied. This approach reflects the “deemed admitted” provisions in many local rules. The fact is considered undisputed only for purposes of the motion; if summary judgment is denied, a party who failed to make a proper Rule 56 response or reply remains free to contest the fact in further proceedings. And the court may choose not to consider the fact as undisputed, particularly if the court knows of record materials that show grounds for genuine dispute.Subdivision (e)(3) recognizes that the court may grant summary judgment only if the motion and supporting materials — including the facts considered undisputed under subdivision (e)(2) — show that the movant is entitled to it. Considering some facts undisputed does not of itself allow summary judgment. If there is a proper response or reply as to some facts, the court cannot grant summary judgment without determining whether those facts can be genuinely disputed. Once the court has determined the set of facts — both those it has chosen to consider undisputed for want of a proper response or reply and any that cannot be genuinely disputed despite a procedurally proper response or reply — it must determine the legal consequences of these facts and permissible inferences from them.Subdivision (e)(4) recognizes that still other orders may be appropriate. The choice among possible orders should be designed to encourage proper presentation of the record. Many courts take extra care with pro se litigants, advising them of the need to respond and the risk of losing by summary judgment if an adequate response is not filed. And the court may seek to reassure itself by some examination of the record before granting summary judgment against a pro se litigant.Subdivision (f). Subdivision (f) brings into Rule 56 text a number of related procedures that have grown up in practice. After giving notice and a reasonable time to respond the court may grant summary judgment for the nonmoving party; grant a motion on legal or factual grounds not raised by the parties; or consider summary judgment on its own. In many cases it may prove useful first to invite a motion; the invited motion will automatically trigger the regular procedure of subdivision (c).Subdivision (g). Subdivision (g) applies when the court does not grant all the relief requested by a motion for summary judgment. It becomes relevant only after the court has applied the summary-judgment standard carried forward in subdivision (a) to each claim, defense, or part of a claim or defense, identified by the motion. Once that duty is discharged, the court may decide whether to apply the summary-judgment standard to dispose of a material fact that is not genuinely in dispute. The court must take care that this determination does not interfere with a party’s ability to accept a fact for purposes of the motion only. A nonmovant, for example, may feel confident that a genuine dispute as to one or a few facts will defeat the motion, and prefer to avoid the cost of detailed response to all facts stated by the movant. This position should be available without running the risk that the fact will be taken as established under subdivision (g) or otherwise found to have been accepted for other purposes.If it is readily apparent that the court cannot grant all the relief requested by the motion, it may properly decide that the cost of determining whether some potential fact disputes may be eliminated by summary disposition is greater than the cost of resolving those disputes by other means, including trial. Even if the court believes that a fact is not genuinely in dispute it may refrain from ordering that the fact be treated as established. The court may conclude that it is better to leave open for trial facts and issues that may be better illuminated by the trial of related facts that must be tried in any event.Subdivision (h). Subdivision (h) carries forward former subdivision (g) with three changes. Sanctions are made discretionary, not mandatory, reflecting the experience that courts seldom invoke the independent Rule 56 authority to impose sanctions. See Cecil & Cort, Federal Judicial Center Memorandum on Federal Rule of Civil Procedure 56 (g) Motions for Sanctions (April 2, 2007). In addition, the rule text is expanded to recognize the need to provide notice and a reasonable time to respond. Finally, authority to impose other appropriate sanctions also is recognized.Changes Made After Publication and CommentSubdivision (a): “[S]hould grant” was changed to “shall grant.”“[T]he movant shows that” was added.Language about identifying the claim or defense was moved up from subdivision (c)(1) as published.Subdivision (b): The specifications of times to respond and to reply were deleted.Words referring to an order “in the case” were deleted.Subdivision (c): The detailed “point-counterpoint” provisions published as subdivision (c)(1) and (2) were deleted.The requirement that the court give notice before granting summary judgment on the basis of record materials not cited by the parties was deleted.The provision that a party may accept or dispute a fact for purposes of the motion only was deleted.Subdivision (e): The language was revised to reflect elimination of the point-counterpoint procedure from subdivision (c). The new language reaches failure to properly support an assertion of fact in a motion.Subdivision (f): The provision requiring notice before denying summary judgment on grounds not raised by a party was deleted.Subdivision (h): Recognition of the authority to impose other appropriate sanctions was added.Other changes: Many style changes were made to express more clearly the intended meaning of the published proposal.‹ Rule 55. Default; Default Judgment up Rule 57. Declaratory Judgment ›

NDA examination is conducted twice a year by UPSC. Basic requirements as obtained from UPSC website:CONDITIONS OF ELIGIBILITY :(a) Nationality : A candidate must either be :(i) a citizen of India, or(ii) a subject of Bhutan, or(iii) a subject of Nepal, or(iv) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India, or(v) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka and East African Countries of Kenya, Uganda, the United Republic of Tanzania, Zambia, Malawi, Zaire and Ethiopia or Vietnam with the intention of permanently settling in India.Provided that a candidate belonging to categories (ii), (iii), (iv) and (v) above shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.Certificate of eligibility will not, however, be necessary in the case of candidates who are Gorkha subjects of Nepal.(b) Age Limits, Sex and Marital Status :Only unmarried male candidates of age between 16-1/2 - 19–1/2 are eligible. (Confirm the exact dates on UPSC website: UPSC)The date of birth accepted by the Commission is that entered in the Matriculation or Secondary School Leaving Certificate or in a certificate recognised by an Indian University as equivalent to Matriculation or in an extract from a Register of Matriculates maintained by a University which must be certified by the proper authority of the University or in the Higher Secondary or an equivalent examination certificates. These certificates are required to be submitted only after the declaration of the result of the written part of the examination. No other document relating to age like horoscopes, affidavits, birth extracts from Municipal Corporation, service records and the like will be accepted. The expression Matriculation/Higher Secondary Examination Certificate in this part of the instruction includes the alternative certificates mentioned above.NOTE 1 : Candidates should note that only the date of birth as recorded in the Matriculation/Higher Secondary Examination Certificate available or an equivalent certificate on the date of submission of applications will be accepted by the Commission and no subsequent request for its change will be considered or granted.NOTE 2 : Candidates should also note that once a date of birth has been claimed by them and entered in the records of the Commission for the purpose of admission to an Examination, no change will be allowed subsequently or at any subsequent examination on any ground whatsoever.NOTE 3 : The candidates should exercise due care while entering their date of birth in the respective column of the Online Application Form for the Examination. If on verification at any subsequent stage any variation is found in their date of birth from the one entered in their Matriculation or equivalent Examination certificate, disciplinary action will be taken against them by the Commission under the Rules.NOTE 4 : Candidates must undertake not to marry until they complete their full training. A candidate who marries subsequent to the date of his application though successful at this or any subsequent Examination will not be selected for training. A candidate who marries during training shall be discharged and will be liable to refund all expenditure incurred on him by the Government.(c) Educational Qualifications:(i) For Army Wing of National Defence Academy :—12th Class pass of the 10+2 pattern of School Education or equivalent examination conducted by a State Education Board or a University.(ii) For Air Force and Naval Wings of National Defence Academy and for the 10+2 Cadet Entry Scheme at the Indian Naval Academy :—12th Class pass of the 10+2 pattern of School Education or equivalent with Physics and Mathematics conducted by a State Education Board or a University.Candidates who are appearing in the 12th Class under the 10+2 pattern of School Education or equivalent examination can also apply for this examination.Such candidates who qualify the SSB interview but could not produce Matriculation/10+2 or equivalent certificate in original at the time of SSB interview should forward duly self-attested Photocopies to ‘Directorate General of Recruiting, Army HQ, West Block.III, R.K. Puram, New Delhi-110066’ and for Naval Academy candidates to ‘Naval Headquarters, DMPR, OI&R Section, Room No. 204, ‘C’ Wing, Sena Bhavan, New Delhi-110011’ by date mentioned in the respective advertisement failing which their candidature will be cancelled. All other candidates who have produced their Matriculation and 10+2 pass or equivalent certificates in original at the time of attending the SSB interview and have got the same verified by the SSB authorities are not required to submit the same to Army HQ or Naval HQ as the case may be. Certificates in original issued by the Principals of the Institutions are also acceptable in cases where Boards/Universities have not yet issued certificates. Certified true copies/photostate copies of such certificates will not be accepted. In exceptional cases the Commission may treat a candidate, who does not possess any of the qualifications prescribed in this rule as educationally qualified provided that he possesses qualifications, the standard of which in the opinion of the Commission, justifies his admission to the examination.NOTE 1 : Candidates appearing in the 11th class exam are not eligible for this examination.NOTE 2 : Those candidates who have yet to qualify in the 12th class or equivalent examination and are allowed to appear in the UPSC Examination should note that this is only a special concession given to them. They are required to submit proof of passing the 12th class or equivalent examination by the prescribed date (i.e. 24th June, 2017) and no request for extending this date will be entertained on the grounds of late conduct of Board/University Examination, delay in declaration of results or any other ground whatsoever.NOTE 3 : Candidates who are debarred by the Ministry of Defence from holding any type of Commission in the Defence Services shall not be eligible for admission to the examination and if admitted, their candidature will be cancelled.NOTE 4 : Those candidates who have failed INSB/PABT earlier are not eligible for Air Force.(d) A candidate who has resigned or withdrawn on disciplinary grounds from any of the training academies of Armed Forces is not eligible to apply.(e) Physical Standards:Candidates must be physically fit according to physical standards for admission to National Defence Academy and Naval Academy Examination as per the following guidelines:GUIDELINES FOR PHYSICAL STANDARDS FOR ADMISSION TO THE NATIONAL DEFENCE ACADEMY.NOTE : CANDIDATES MUST BE PHYSICALLY AND MENTALLY FIT ACCORDING TO THE PRESCRIBED PHYSICAL STANDARDS. THE GUIDELINES FOR THE SAME ARE GIVEN BELOW.A NUMBER OF QUALIFIED CANDIDATES ARE REJECTED SUBSEQUENTLY ON MEDICAL GROUNDS. CANDIDATES ARE THEREFORE ADVISED IN THEIR OWN INTEREST TO GET THEMSELVES MEDICALLY EXAMINED BEFORE SUBMITTING THEIR APPLICATIONS TO AVOID DISAPPOINTMENT AT THE FINAL STAGE.Candidates are also advised to rectify minor defects/ailments in order to speed up finalisation of medical examination conducted at the Military Hospital after being recommended at the SSB.Few of such commonly found defects/ailments are listed below :(a) Wax (Ears)(b) Deviated Nasal Septum(c) Hydrocele/Phimosis(d) Overweight/Underweight(e) Under Sized Chest(f) Piles(g) Gynaecomastia(h) Tonsillitis(i) VaricoceleNOTE : Permanent body tattoos are only permitted on inner face of forearm i.e. from inside of elbow to the wrist and on the reverse side of palm/back (dorsal) side of hand/Permanent body tattoos on any other part of the body are not acceptable and candidates will be barred from further selection. Tribes with tattoo marks on the face or body as per their existing custom and traditions will be permitted on a case to case basis. Comdt Selection Centre will be competent auth for clearing such cases.Civilian candidates appearing for all types of commission in the Armed Forces will be entitled to out-patients treatment from service sources at public expense for injuries sustained or diseases contracted during the course of their examination by the Selection Board. They will also be entitled to in-patient treatment at public expense in the Officer’s ward of a hospital provided—(a) the injury is sustained during the tests or,(b) the disease is contracted during the course of the examination by selection board and there is no suitable accommodation in local civil hospital or it is impracticable to remove the patient to the civil hospital; or,(c) the medical board requires the candidate’s admission for observation.NOTE : They are not entitled to special nursing.A candidate recommended by the Services Selection Board will undergo a medical examination by a Board of Service Medical Officers. Only those candidates will be admitted to the academy who are declared fit by the Medical Board. The proceedings of the Medical Board are confidential and will not be divulged to anyone. However, the candidates declared unfit will be intimated by the President of the Medical Board and the procedure for request for an Appeal Medical Board will also be intimated to the candidate. Candidates declared unfit during Appeal Medical Board will be intimated about the provision of Review Medical Board.(a) The candidate must be in good physical and mental health and free from any disease/disability which is likely to interfere with the efficient performance of Military duties.(b) There should be no evidence of weak constitution, bodily defects or underweight. The Candidate should not be overweight or obese.(c) The minimum acceptable height is 157 cms(162.5 cms. for Air Force). For Gorkhas and individuals belonging to hills of North-Eastern regions of India, Garhwal and Kumaon, the minimum acceptable heights will be 5 cms. less. In case of candidates from Lakshadweep the minimum acceptable height can be reduced by 2 cms. Height and weight standards are given below :HEIGHT/WEIGHT STANDARDS FOR ARMY/AIR FORCETABLE-IHEIGHT/WEIGHT STANDARDS FOR NAVYTABLE-II“Individual’s weight is considered normal if it is within ±10% departure from average weight given in the table I and II”. However, in individuals with heavy bones and broad build as well as individuals with thin build but otherwise healthy this may be relaxed to some extent on merit.NOTE 1 : Height relaxable upto 2.5 cm. (5 cm. for Navy) may be allowed where the Medical Board certifies that the candidate is likely to grow and come up to the required standard on completion of his training.NOTE 2 : To meet special requirement as a pilot in the Air Force the acceptable measurements of leg length, thigh length and sitting height will be as under :(d) Chest should be well developed. Fully expanded chest should not be less than 81 cms. The minimum range of expansion after full inspiration should be 5 cms. The measurement will be taken with a tape so adjusted that its lower edge should touch the nipple in front and the upper part of the tape should touch the lower angle of the shoulder blades behind. X-Ray of the chest is compulsory and will be taken to rule out any disease of the chest.(e) There should be no maldevelopment or impairment of function of the bones or joint.Spinal Conditions-(f) Past medical history of diseases or injury of the spine or sacro iliac joints, either with or without objective signs which have prevented the candidate from successfully following a physically active life, is a cause for rejection for commissioning in IAF. History of spinal fracture/prolapsed intervertebral disc and surgical treatment for these conditions will entail rejection. The following conditions detected radiologically during medical exam will disqualify a candidate for Air Force service:(i) Granulomatous disease of spine(ii) Arthritidies/spondylosis— Rheumatoid arthritis and allied disorders— Ankylosing spondylitis— Osteoarthrosis, spondylosis and degenerative joint disease— Non articular rheumatism (e.g. lesions of the rotator cuff, tennis elbow, recurrent lumbago etc.)— Miscellaneous disorders including SLE, , polymyositis, vasculitis.(iii) Spondylolisthesis/spondylolysis.(iv) Compression fracture of vertebrae.(v) Scheuerman's disease (Adolescent kyphosis)(vi) Loss of cervical lordosis when associated with clinically restricted movements of cervical spine.(vii) Unilateral/Bilateral cervical ribs with demonstrable neurological or circulatory deficit.(viii) Scoliosis more than 15 degree as measured by Cobb's method.(ix) Degenerative Disc. Disease.(x) Presence of schmorl's nodes at more than one level.(xi) Atlanto-occipital and atlantoaxial anomalies.(xii) Hemi vertebrae and/or incomplete block (fused) vertebrae at any level in cervical, dorsal or lumbar spine and complete block (fused) vertebrae at more than one level in cervical or dorsal spine.(xiii) Unilateral Sacralisation or lumbarisation (Complete or incomplete) at all levels and bilateral incomplete sacralisation or lumbarisation.(xiv) Any other abnormality if so considered by the specialist.(g) Mild Kyphosis or Lordosis where deformity is barely noticeable and there is no pain or restriction of movement will not preclude acceptance.(h) In case of noticeable Scoliosis or suspicion of any other abnormality or spinal deformity, more than mild, appropriate X-rays of the spine are to be taken and the Examinee referred for specialist’s advice.(i) The following conditions detected on X-ray examination will be disqualifying for entry to Armed Forces :(i) Granulomatius disease of spine.(ii) Arthritidies/spondylosis(iii) Scoliosis more than 15 degree as measured by Cobb’s Method (10 degree for Army and Navy).(iv) More than mild Kyphosis/Lordosis(v) Spondylolisthesis/Spondylosis/Spondylolysis(vi) Herniated nucleus pulposes.(vii) Compression fracture of Vertebra.(viii) Sacaralisation Disease(ix) Cervical ribs with demonstrable neurological or Circulatory deficit.(x) Presence of Schmorl’s node at more than one level.(xi) Atlanto-occipital and atlanto-axial anomalies.(xii) Incomplete Sacaralisation Unilateral or Bilateral(xiii) Spina Bifida other than SV 1 and LV 5 if completely Sacralised(xiv) Any other abnormality, if so considered by specialist.(j) A candidate should have no past history of mental breakdown or fits.(k) The hearing should be normal. A candidate should be able to hear a forced whisper with each ear at a distance of 610 cms. in a quiet room. There should be no evidence of present or past disease of the ear, nose and throat. Audiometric test will be done for AF. Audiometric hearing loss should not be greater than 20 db in frequencies between 250 and 8000 Hz. There is no impediment of speech.(l) There should be no signs of functional or organic disease of the heart and blood vessels. Blood pressure should be normal.(m) There should be no enlargement of liver or spleen. Any evidence of disease of internal organs of the abdomen will be a cause for rejection.(n) Un-operated hernias will make a candidate unfit. In case of Hernia which has been operated, a minimum of 6 months must have passed prior to final medical examination before commencement of the course.(o) There should be no hydrocele, varicocele or piles.(p) Urine examination will be done and any abnormality if detected will be a cause for rejection.(q) Any disease of skin which is likely to cause disability or disfigurement will also be a cause for rejection.(r) Visual standards:- The distance vision (corrected) should be 6/6 in better eye and 6/9 in worse eye. Myopia should not be more than 2.5 D and hypermetropia not more than 3.5 D including Astigmatism. Internal examination of the eye will be done by means of opthalmoscope to rule out any disease of the eye. A candidate must have good binocular vision. The colour vision standard will be (CP-III) for Army. A candidate should be able to recognise red and green colours. Candidates will be required to give certificates that neither he nor any member of his family has suffered from congenital night blindness. Candidates who have undergone or have the evidence of having undergone Radial Keratotomy, to improve the visual acuity will be permanently rejected for all the Services. Candidates who have undergone Laser Surgery for correction of refractive error are also not acceptable to defence services.Vision standard for Naval candidatesVisual Standards for Air ForceCandidates who habitually wear spectacles are not eligible for Air Force, Minimum distant vision 6/6 in one eye and 6/9 in other, correctable to 6/6 only for Hypermetropia. Colour vision CP-I Hypermetropia : +2.0 D Sph Manifest Myopia : Nil Retinoscopic Myopia : 0.5 in any Meridian permitted Astigmatism : + 0.75 D Cyl (within + 2.0 D.Max) Maddox Rod TestHand held Stereoscope–All of BSV grades Convergence–Up to 10 cm Cover test for distant and near–Lateral divergence/convergence recovery rapid and complete Radial Keratotomy, Photo Refractive Keratotomy/laser in Situ, Keratomileusis (PRK/LASIK) surgeries for correction of refractive errors are not permitted for any Air Force duties. Candidates having undergone cataract surgery with or without IOL implants will also be declared unfit.Binocular vision must possess good binocular vision (fusion and stereopsis with good amplitude and depth).Candidates who have undergone LASIK surgery are not considered fit for permanent commission in flying branch in IAF.(s) USG abdomen examination will be carried out and any congential structural anomaly or disease of the abdominal organs will be a cause for rejection in Armed Forces.(t) The candidates should have sufficient number of natural and sound teeth. A minimum of 14 dental points will be acceptable. When 32 teeth are present, the total dental points are 22. A candidate should not be suffering from severe pyorrhoea.(u) Routine ECG for Air Force candidates must be within normal limits.(v) Physical conditioning : Prospective candidates are advised to keep themselves in good physical condition, by following the undermentioned routine :—(a) Running 2.4 km in 15 minutes(b) Skipping(c) Pushups and sit ups (minimum 20 each)(d) Chin ups (minimum 08)(e) Rope climbing 3-4 metres.ANNOUNCEMENT OF THE RESULTS OF THE WRITTEN EXAMINATION, INTERVIEW OF QUALIFIED CANDIDATES, ANNOUNCEMENT OF FINAL RESULTS AND ADMISSION TO THE TRAINING COURSES OF THE FINALLY QUALIFIED CANDIDATES :The Union Public Service Commission shall prepare a list of candidates who obtain the minimum qualifying marks in the written examination as fixed by the Commission at their discretion. Such candidates shall appear before a Services Selection Board for Intelligence and Personality Test where candidates for the Army/Navy wings of the NDA and 10+2 Cadet Entry Scheme of Indian Naval Academy will be assessed on Officers Potentiality and those for the Air Force in Computerised Pilot Selection System (CPSS) and Pilot Aptitude Test (which forms the whole PAB Test) and for Officers Potentiality. PABT applicable to candidates with Air Force as First choice would also be conducted for all SSB qualified candidates with one of the choice as Air Force subject to their eligibility and if they are so willing.TWO-STAGE SELECTION PROCEDURETwo-stage selection procedure based on Psychological Aptitude Test and Intelligence Test has been introduced at Selection Centres/Air Force Selection Boards/Naval Selection Boards. All the candidates will be put to stage-one test on first day of reporting at Selection Centres/Air Force Selection Boards/Naval Selection Boards. Only those candidates who qualify at stage one will be admitted to the second stage/remaining tests. Those candidates who qualify stage II will be required to submit the Original Certificates along with one photocopy each of : (i) Original Matriculation pass certificate or equivalent in support of date of birth, (ii) Original 10+2 pass certificate or equivalent in support of educational qualification.Candidates who appear before the Services Selection Board and undergo the test there, will do so at their own risk and will not be entitled to claim any compensation or other relief from Government in respect of any injury which they may sustain in the course of or as a result of any of the tests given to them at the Services Selection Board whether due to the negligence of any person or otherwise. Parents or guardians of the candidates will be required to sign a certificate to this effect.To be acceptable, candidates for the Army/Navy/Naval Academy and Air Force should secure the minimum qualifying marks separately in (i) Written examination as fixed by the Commission at their discretion and (ii) Officer Potentiality Test as fixed by the Services Selection Board at their discretion.Over and above candidates for the Air Force, and all the SSB qualified candidates as per their willingness, eligibility and preference for Air Force, should separately qualify the PABT.Subject to these conditions the qualified candidates will then be placed in a single combined list on the basis of total marks secured by them in the Written Examination and the Services Selection Board Tests. The final allocation/selection for admission to the Army, Navy, Air Force of the National Defence Academy and 10+2 Cadet Entry Scheme of Indian Naval Academy will be made upto the number of vacancies available subject to eligibility, medical fitness and merit-cum-preference of the candidates. The candidates who are eligible to be admitted to multiple Services/Courses will be considered for allocation/selection with reference to their order or preferences and in the event of their final allocation/ selection to one Service/Course, they will not be considered for admission to other remaining Services/Courses.N.B.: EVERY CANDIDATE FOR THE AIR FORCE IS GIVEN COMPUTERISED PILOT SELECTION SYSTEM (CPSS) AND PILOT APTITUDE TEST (WHICH FORMS THE WHOLE PAB TEST) ONLY ONCE. THE GRADE SECURED BY HIM AT THE FIRST TEST WILL THEREFORE HOLD GOOD FOR EVERY SUBSEQUENT INTERVIEW HE HAS WITH THE AIR FORCE SELECTION BOARD. A CANDIDATE WHO FAILS IN THE FIRST PILOT APTITUDE TEST CANNOT APPLY FOR ADMISSION TO THE NATIONAL DEFENCE ACADEMY EXAMINATION FOR THE AIR FORCE WING OR GENERAL DUTIES (PILOT) BRANCH OR NAVAL AIR ARM.Candidates who have been given the Computerised Pilot Selection System (CPSS) and Pilot Aptitude Test (which forms the whole PAB Test) for any previous N.D.A. course should submit their application for this examination for the Air Force Wing only if they have been notified as having qualified in the Pilot Aptitude Test.The form and manner of communication of the result of the examination to individual candidates shall be decided by the Commission at their discretion and the Commission will not enter into correspondence with them regarding the result.Success in the examination confers no right of admission to the Academy. A candidate must satisfy the appointing authority that he is suitable in all respects for admission to the Academy.THOROUGH MEDICAL EXAMINATION WILL BE CONDUCTED FOR THE SUCCESSFUL CANDIDATES AFTER SSB INTERVIEW AND BEFORE DECLARING THE FINAL RESULT.SCHEME OF EXAMINATION1. The subjects of the written examination, the time allowed and the maximum marks allotted to each subject will be as follows :—2. THE PAPERS IN ALL THE SUBJECTS WILL CONSIST OF OBJECTIVE TYPE QUESTIONS ONLY. THE QUESTION PAPERS (TEST BOOKLETS) OF MATHEMATICS AND PART “B” OF GENERAL ABILITY TEST WILL BE SET BILINGUALLY IN HINDI AS WELL AS ENGLISH.3. In the question papers, wherever necessary, questions involving the metric system of Weights and Measures only will be set.4. Candidates must write the papers in their own hand. In no circumstances will they be allowed the help of a scribe to write answers for them.5. The Commission have discretion to fix qualifying marks in any or all the subjects at the examination.6. The candidates are not permitted to use calculator or Mathematical or logarithmic table for answering objective type papers (Test Booklets). They should not therefore, bring the same inside the Examination Hall.B. SYLLABUS OF THE EXAMINATIONPAPER-IMATHEMATICS(Code No. 01)(Maximum Marks-300)1. ALGEBRAConcept of set, operations on sets, Venn diagrams. De Morgan laws, Cartesian product, relation, equivalence relation. Representation of real numbers on a line. Complex numbers—basic properties, modulus, argument, cube roots of unity. Binary system of numbers. Conversion of a number in decimal system to binary system and vice-versa. Arithmetic, Geometric and Harmonic progressions. Quadratic equations with real coefficients. Solution of linear inequations of two variables by graphs. Permutation and Combination. Binomial theorem and its applications. Logarithms and their applications.2. MATRICES AND DETERMINANTS :Types of matrices, operations on matrices. Determinant of a matrix, basic properties of determinants. Adjoint and inverse of a square matrix, Applications-Solution of a system of linear equations in two or three unknowns by Cramer’s rule and by Matrix Method.3. TRIGONOMETRY :Angles and their measures in degrees and in radians. Trigonometrical ratios. Trigonometric identities Sum and difference formulae. Multiple and Sub-multiple angles. Inverse trigonometric functions. Applications-Height and distance, properties of triangles.4. ANALYTICAL GEOMETRY OF TWO AND THREE DIMENSIONS:Rectangular Cartesian Coordinate system. Distance formula. Equation of a line in various forms. Angle between two lines. Distance of a point from a line. Equation of a circle in standard and in general form. Standard forms of parabola, ellipse and hyperbola. Eccentricity and axis of a conic. Point in a three dimensional space, distance between two points. Direction Cosines and direction ratios. Equation two points. Direction Cosines and direction ratios. Equation of a plane and a line in various forms. Angle between two lines and angle between two planes. Equation of a sphere.5. DIFFERENTIAL CALCULUS :Concept of a real valued function–domain, range and graph of a function. Composite functions, one to one, onto and inverse functions. Notion of limit, Standard limits—examples. Continuity of functions—examples, algebraic operations on continuous functions. Derivative of function at a point, geometrical and physical interpretation of a derivative—applications. Derivatives of sum, product and quotient of functions, derivative of a function with respect to another function, derivative of a composite function. Second order derivatives. Increasing and decreasing functions. Application of derivatives in problems of maxima and minima.6. INTEGRAL CALCULUS AND DIFFERENTIAL EQUATIONS :Integration as inverse of differentiation, integration by substitution and by parts, standard integrals involving algebraic expressions, trigonometric, exponential and hyperbolic functions. Evaluation of definite integrals—determination of areas of plane regions bounded by curves— applications. Definition of order and degree of a differential equation, formation of a differential equation by examples. General and particular solution of a differential equations, solution of first order and first degree differential equations of various types—examples. Application in problems of growth and decay.7. VECTOR ALGEBRA :Vectors in two and three dimensions, magnitude and direction of a vector. Unit and null vectors, addition of vectors, scalar multiplication of a vector, scalar product or dot product of two vectors. Vector product or cross product of two vectors. Applications—work done by a force and moment of a force and in geometrical problems.8. STATISTICS AND PROBABILITY :Statistics : Classification of data, Frequency distribution, cumulative frequency distribution—examples. Graphical representation—Histogram, Pie Chart, frequency polygon—examples. Measures of Central tendency—Mean, median and mode. Variance and standard deviation—determination and comparison. Correlation and regression.Probability : Random experiment, outcomes and associated sample space, events, mutually exclusive and exhaustive events, impossible and certain events. Union and Intersection of events. Complementary, elementary and composite events. Definition of probability—classical and statistical— examples. Elementary theorems on probability—simple problems. Conditional probability, Bayes’ theorem—simple problems. Random variable as function on a sample space. Binomial distribution, examples of random experiments giving rise to Binominal distribution.PAPER-IIGENERAL ABILITY TEST(Code No. 02)(Maximum Marks—600)Part ‘A’—ENGLISH (Maximum Marks—200)The question paper in English will be designed to test the candidate’s understanding of English and workman like use of words. The syllabus covers various aspects like : Grammar and usage, vocabulary, comprehension and cohesion in extended text to test the candidate’s proficiency in English.Part ‘B’—GENERAL KNOWLEDGE (Maximum Marks—400)The question paper on General Knowledge will broadly cover the subjects : Physics, Chemistry, General Science, Social Studies, Geography and Current Events.- The syllabus given below is designed to indicate the scope of these subjects included in this paper. The topics mentioned are not to be regarded as exhaustive and questions on topics of similar nature not specifically mentioned in the syllabus may also be asked. Candidate’s answers are expected to show their knowledge and intelligent understanding of the subject.Section ‘A’ (Physics)Physical Properties and States of Matter, Mass, Weight, Volume, Density and Specific Gravity, Principle of Archimedes, Pressure Barometer. Motion of objects, Velocity and Acceleration, Newton’s Laws of Motion, Force and Momentum, Parallelogram of Forces, Stability and Equilibrium of bodies, Gravitation, elementary ideas of work, Power and Energy.Effects of Heat, Measurement of Temperature and Heat, change of State and Latent Heat, Modes of transference of Heat. Sound waves and their properties, Simple musical instruments. Rectilinear propagation of Light, Reflection and refraction. Spherical mirrors and Lenses, Human Eye. Natural and Artificial Magnets, Properties of a Magnet, Earth as a Magnet. Static and Current Electricity, conductors and Non-conductors, Ohm’s Law, Simple Electrical Circuits, Heating, Lighting and Magnetic effects of Current, Measurement of Electrical Power, Primary and Secondary Cells, Use of X-Rays.General Principles in the working of the following:Simple Pendulum, Simple Pulleys, Siphon, Levers, Balloon, Pumps, Hydrometer, Pressure Cooker, Thermos Flask, Gramophone, Telegraphs, Telephone, Periscope, Telescope, Microscope, Mariner’s Compass; Lightening Conductors, Safety Fuses.Section ‘B’ (Chemistry)Physical and Chemical changes. Elements, Mixtures and Compounds, Symbols, Formulae and simple Chemical Equations, Law of Chemical Combination (excluding problems). Properties of Air and Water. Preparation and Properties of Hydrogen, Oxygen, Nitrogen and Carbondioxide, Oxidation and Reduction. Acids, bases and salts. Carbon—different forms. Fertilizers—Natural and Artificial.Material used in the preparation of substances like Soap, Glass, Ink, Paper, Cement, Paints, Safety Matches and Gun-Powder. Elementary ideas about the structure of Atom, Atomic Equivalent and Molecular Weights, Valency.Section ‘C’ (General Science)Difference between the living and non-living. Basis of Life—Cells, Protoplasms and Tissues. Growth and Reproduction in Plants and Animals. Elementary knowledge of Human Body and its important organs. Common Epidemics, their causes and prevention. Food—Source of Energy for man. Constituents of food, Balanced Diet. The Solar System—Meteors and Comets, Eclipses. Achievements of Eminent Scientists.Section ‘D’ (History, Freedom Movement etc.)A broad survey of Indian History, with emphasis on Culture and Civilisation. Freedom Movement in India. Elementary study of Indian Constitution and Administration. Elementary knowledge of Five Year Plans of India. Panchayati Raj, Co-operatives and Community Development. Bhoodan, Sarvodaya, National Integration and Welfare State, Basic Teachings of Mahatma Gandhi. Forces shaping the modern world; Renaissance, Exploration and Discovery; War of American Independence. French Revolution, Industrial Revolution and Russian Revolution. Impact of Science and Technology on Society. Concept of one World, United Nations, Panchsheel, Democracy, Socialism and Communism. Role of India in the present world.Section ‘E’ (Geography)The Earth, its shape and size. Lattitudes and Longitudes, Concept of time. International Date Line. Movements of Earth and their effects. Origin of Earth. Rocks and their classification; Weathering— Mechanical and Chemical, Earthquakes and Volcanoes. Ocean Currents and Tides Atmosphere and its composition; Temperature and Atmospheric Pressure, Planetary Winds, Cyclones and Anti-cyclones; Humidity; Condensation and Precipitation; Types of Climate, Major Natural regions of the World. Regional Geography of India—Climate, Natural vegetation. Mineral and Power resources; location and distribution of agricultural and Industrial activities. Important Sea ports and main sea, land and air routes of India. Main items of Imports and Exports of India.Section ‘F’ (Current Events)Knowledge of Important events that have happened in India in the recent years. Current important world events. Prominent personalities—both Indian and International including those connected with cultural activities and sports.NOTE :Out of maximum marks assigned to part ‘B’ of this paper, questions on Sections ‘A’, ‘B’, ‘C’, ‘D’, ‘E’ and ‘F’ will carry approximately 25%, 15%, 10%, 20%, 20% and 10% weightages respectively.Intelligence and Personality TestThe SSB procedure consists of two stage Selection process - stage I and stage II. Only those candidates who clear the stage I are permitted to appear for stage II. The details are :(a) Stage I comprises of Officer Intelligence Rating (OIR) tests are Picture Perception * Description Test (PP&DT). The candidates will be shortlisted based on combination of performance in OIR Test and PP&DT.(b) Stage II Comprises of Interview, Group Testing Officer Tasks, Psychology Tests and the Conference. These tests are conducted over 4 days. The details of these tests are given on the website Join Indian Army | Government of India.The personality of a candidate is assessed by three different assessors viz. The Interviewing Officer (IO), Group Testing Officer (GTO) and the Psychologist. There are no separate weightage for each test. The mks are allotted by assessors only after taking into consideration the performance of the candidate holistically in all the test. In addition, marks for Conference are also allotted based on the initial performance of the Candidate in the three techniques and decision of the Board. All these have equal weightage.The various tests of IO, GTO and Psych are designed to bring out the presence/absence of Officer Like Qualities and their trainability in a candidate. Accordingly candidates are Recommended or Not Recommended at the SSB.(For more details, check UPSC website: UPSC)SSB interview is the world's toughest army test and typically these TOP 15 OFFICER LIKE QUALITIES (OLQs) are tested during the entire interview process:Effective Intelligence.Reasoning Ability.Power of Expression.Self Confidence.Determination.Organizing Ability.Initiative.Courage.Cooperation.Sense of Responsibility.Stamina.Group Influencing Ability.Liveliness.Social Adaptability.Speed of Decision“Origin of this type of testing belongs to first world war era. In the First World War, large numbers of casualties on battlefields necessitated recruitment of best fighting talent in armed forces. For this need, psychologists designed some scientific tests which assess candidate's Officer Like Qualities (OLQs). Over the years SSB testing has been improved based on feedback and has been proved to be an effective and accurate way of selecting candidates who are capable of being at least an average officer after training.”