Can an attorney file a declaration in support of or in opposition to a motion for summary judgment/adjudication?

0
Posted

Can an attorney file a declaration in support of or in opposition to a motion for summary judgment/adjudication?

0

Normally, an attorneys declaration is only sufficient if the facts stated are matters of which the attorney would be presumed to have personal knowledge, in other words, matters occurring during the course of the lawsuit. Otherwise, the declaration is generally inadmissible for lack of personal knowledge. (Maltby v. Shook (1955) 131 Cal.App.2d 349, 351-352.

Related Questions