Rule 1035.4 Affidavits

When someone files a sworn statement (called an affidavit) to support or fight a summary judgment motion, the statement must meet certain standards. The person signing it must have personal knowledge of the facts they are describing, meaning they cannot just repeat things they heard from others. They also must be someone who could actually testify about those facts in court.

If the affidavit refers to any documents, copies of those documents must be attached. The court can also allow either side to back up or challenge an affidavit by using other materials, like answers to written questions or statements taken under oath outside of court.