FRCP 56[e]: Summary Judgment Affidavits

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FRCP 56[e]: Summary Judgment Affidavits

Postby Administrator » Mon Sep 29, 2014 10:32 pm

“Supporting and opposing affidavits must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated.” Federal Rule of Civil Procedure 56[e][1]. On a motion for summary judgment, a court is not to consider those parts of an affidavit that fail to comply with Rule 56[e]. Friedel v. City of Madison, 832 F.2d 965, 970 [7th Cir.1987]. The following statements do not comply with Rule 56[e] and will should be disregarded: [1] conclusory allegations lacking supporting evidence; [2] legal argument; [3] self-serving statements without factual support in the record; [4] inferences or opinions not “grounded in observation or other first-hand experience; and [5] mere speculation or conjecture. Heltzel v. Dutchmen Mfg., Inc., No. 3:06-CV-227, 2007 WL 4556735 *4 [U.S.D.C. N.D. Ind. 12-20-2007].
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