The SO Combat Manual

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Uncontested Affidavit

 

  1. Melorich Builders v Superior Ct. San Bernardino Co., 207 Cal. Rptr. 47 (Cal. App.4 Dist. 1984)
    Uncontested affidavit taken as true in opposition to summary judgment.

  2. Morris v NCR, 44 SW2d 433
    An affidavit if not contested in a timely manner is considered undisputed facts as a matter of law.

  3. Seltzer v Seltzer, 80 Cal. Rptr.
    Uncontested affidavit taken as true in support of summary judgment.

  4. State v Jackson, 170 Arizona 89, 821 P.2d 1374, 1991 Ariz. App. LEXIS 394, 103 Ariz. Adv. Rep.6
    State v Linsey    , 149 Ariz. 472, 720 P.2d 73 (1986)
    Disposition: Affirmed HN 4 expert testimony. One expert can testify concerning the behavioral characteristics of victim of child abuse, and expert cannot testify about the accuracy, reliability or trustfulness of the victim in the case before the jury, or quantity of the percentage of victims who are truthful.

  5. US v Henderson, 409 F.3d 1293 (11th Cir. 2005)
    Essential difference between expert and lay witnesses is expert's ability to answer hypothetical questions.

  6. US v. Pruden, 424 F.2d 1021 (1970)
    Silence can only be equated with fraud where there is a legal or moral duty to respond or where an inquiry left unanswered would be intentionally misleading.

 

 

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