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SavyLawyer
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what does it mean when a judge grant a motion for leave to

Resolved Question:

what does it mean when a judge grant a: "motion for leave to file affidavit" ?
Submitted: 5 years ago.
Category: Legal
Expert:  SavyLawyer replied 5 years ago.
Hello, and thank you for contacting the just answer team.

It depends on the specific context of the request, but generally this means that the judge is allowing one side to file with the court an affidavit of fact. An affidavit is a statement of fact by a party or witness that is signed and sworn to be accurate to the best of that person's knowledge. So, if the judge granted such a motion, it means that they have granted the requesting party's request to file such a statement of fact so it can be considered by the court.

I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.

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Customer: replied 5 years ago.
The judge asked us to compel to arbitration, which we tried to get the court to dismiss through supporting affidavits. We were hoping to keep the case in court but an arbitration agreement was signed.
Expert:  SavyLawyer replied 5 years ago.
Well it sounds as if the judge is at least willing to take a look at the affidavits because he/she granted the motion to have them filed. Generally this means that the court is going to take a look at the affidavits before making a decision, because otherwise there would be no reason to allow them to be filed.
SavyLawyer, Attorney
Category: Legal
Satisfied Customers: 4296
Experience: Licensed to practice law, I have experience in dealing with a wide variety of legal issues.
SavyLawyer and 9 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
But if the judge grants the defendant's motion to dismiss and compel arbitration then what is the need for granting the plaintiff's motion for leave to file affidavits ?
Expert:  SavyLawyer replied 5 years ago.
That's a good question, and one that should be answered in the judge's order. However, if they didn't give an explanation, then my best guess (there is no way to know for sure what the judge is thinking without having counsel/you ask) is that the judge is willing to consider reopening the case instead of arbitration if something in the affidavit provides a compelling enough reason and the judge feels that they have the proper authority to do so.
SavyLawyer, Attorney
Category: Legal
Satisfied Customers: 4296
Experience: Licensed to practice law, I have experience in dealing with a wide variety of legal issues.
SavyLawyer and 9 other Legal Specialists are ready to help you

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SavyLawyer
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