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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10220
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Can you cite cases law, give opinions in an affidavit or a

Customer Question

Can you cite cases law, give opinions in an affidavit or affirmation?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 6 months ago.
An affidavit is generally utilized to provide statements of fact. (Think of the affidavit as providing evidence to support your motion, it is not where you argue the merits - obviously there is going to be strategy and technique to drafting a successful declaration or affidavit, but it is not the document where arguments are made).While some parties sometimes choose to include statements or arguments of law in their affidavit the proper place to include these is going to be in your points and authorities (your legal brief supporting your motion).