Practice question
Which affidavit standard applies to supporting and opposing summary-judgment affidavits?
- Personal knowledge, admissible facts and an affirmative showing of the affiant’s competence
- Any rumor copied without verification
- Only counsel’s prediction of victory
- A statement that evidence will never be supplied
- Only a party’s preferred legal conclusion without facts
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 35 sections 1–4 and 6, timing, five-day opposition, discretionary hearing, no genuine material issue and facts established for remaining trial.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 35 unchanged section 5, personal-knowledge affidavits, admissible facts, competence and certified supporting papers; apply amended motion procedure rather than old ten-day and three-day provisions.
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