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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10600
Experience:  30 years of corporate, litigation and international law
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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.

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