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" Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. "
Code of Federal Regulations: Containing a Codification of Documents of ... - Page 119
1997
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Catawba Indian Tribe of South Carolina Land Claims Settlement Act ..., Volume 4

United States, United States. Congress. House. Committee on Natural Resources. Subcommittee on Native American Affairs - Catawba Indians - 1993 - 947 pages
...those parcels. 1342 978 FEDERAL REPORTER, 2d SERIES Rule of Civil Procedure 56(e) provides as follows: Supporting and opposing affidavits shall be made on...shall show affirmatively that the affiant is competent to testify as to the matters therein. To comply with Rule 56(e), there must be a showing that the statements...
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The Product Liability Fairness Act: Hearing Before the Committee ..., Volume 4

United States, United States. Congress. Senate. Committee on the Judiciary - Exemplary damages - 1995 - 169 pages
...seven 27 days before the hearing, shall be sade on personal knowledge, shall 21 set forth specific facts as would be admissible in evidence, and : shall show affirmatively that Che affiant is competent to testify. 30 11 Should it appear from the affidavits of a party oppeiin?...
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Scoops V. Business-Aide, Inc: A Case File

Henry L. Hecht - Computer software - 1991 - 169 pages
...FRCP 56(e) states that "[supporting and opposing affidavits shall be made on personal knowledge and shall set forth such facts as would be admissible...competent to testify to the matters stated therein." 59- Also see Chapter Twenty-Three, discussing the uses of depositions at trial. 60. FRCP 32 is entitled,...
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The Litigation Manual, Volume 1; Volume 9

John G. Koeltl, John S. Kiernan - Civil procedure - 1999 - 2224 pages
...Practice (Part 2) 65.04[3] at 65113 (stating that summary judgment affidavits, according to Rule 56(e), "shall set forth such facts as would be admissible...competent to testify to the matters stated therein"). Professor Tillers, however, claims the evidence rules do apply. He invokes, among other things, Rule...
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Litigating the Sexual Harassment Case

Matthew B. Schiff, Linda C. Kramer, American Bar Association. Tort and Insurance Practice Section - Business & Economics - 2000 - 561 pages
...introducing the declarant's testimony, that testimony must be admissible. As provided in Rule 56(e): "Supporting and opposing affidavits shall be made...shall show affirmatively that the affiant is competent to testify to the matters stated therein."31 Thus, the affidavits must comport with the Federal Rules...
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Native Hawaiian Federal Recognition: Joint Hearing Before the Committee on ...

United States. Congress. Senate. Committee on Indian Affairs (1993- ) - Hawaiians - 2001
...Hawaii Rules of Evidence states in part: (e) Form of affidavits; further testimony; defense required. Supporting and opposing affidavits shall be made on...competent to testify to the matters stated therein. (emphasis added) . THE TITLE REPORT The title report used by the Plaintiffs as their evidence to establish...
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Pension and Employee Benefits: ERISA law and regulations, related laws ...

United States - Employee fringe benefits - 2004
...shall set forth such facts as would be admissible in evidence in a proceeding under 29 CFR part 18 and shall show affirmatively that the affiant is competent to testify to the matters stated therein. The affidavit or other written evidence must set forth specific facts showing the factors required...
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Motion Practice and Persuasion

L. Ronald Jorgensen - Law - 2006 - 235 pages
...statement of competency. For federal summary judgments, Federal Rule of Civil Procedure 56(e) requires that "[supporting and opposing affidavits shall be made...competent to testify to the matters stated therein." The statement is usually sufficient: "The testimony in this affidavit is based upon my personal knowledge....
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