How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard - Bizlaw Your Own Question
Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10600
Experience:  30 years of corporate, litigation and international law
18695994
Type Your Business Law Question Here...
Richard - Bizlaw is online now
A new question is answered every 9 seconds

Can an affidavit of fact be submitted to the court in the

Customer Question

Can an affidavit of fact be submitted to the court in the course of litigation as a stand alone document to prove facts, if it goes un-rebutted?
Submitted: 6 months ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 6 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

In what context is the affidavit being offered into evidence?

Customer: replied 6 months ago.
As evidence that a document was not received from what I can't see Code Ann. § 81A-156 says that affidavits can only be given in support of a motion for summary judgements and late affidavits require a motion to file
Customer: replied 6 months ago.
What about an affidavit in opposition to a motion to dismiss ?
Expert:  Richard - Bizlaw replied 6 months ago.

A motion to dismiss assumes the allegations of the complaint are true and all favorable inference that can be drawn from the allegations are taken as true. Generally an affidavit is not needed. If it is needed to supplement and expand the allegations of the complaint it can be submitted for that purpose but technically it is not being taken as proof of the facts asserted.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.