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SavyLawyer
SavyLawyer, Attorney
Category: Legal
Satisfied Customers: 4300
Experience:  Licensed to practice law, I have experience in dealing with a wide variety of legal issues.
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what does it mean when a judge grant a motion for leave to

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what does it mean when a judge grant a: "motion for leave to file affidavit" ?
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.

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Customer: replied 7 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.
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.
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Customer: replied 7 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 ?
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.
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