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The affidavit is not (because the affiant was not subject to cross-examination.) (2) Use affidavits to verify pleadings, responses to discovery, and in support of oppositions to motions like summary judgment motions.
"These issues cannot be determined on a summary judgment motion. The motion is therefore dismissed." ...
Summary Judgment: In a civil action, any party may make this procedural motion, after the Discovery phase, to dispose of the suit before trial has begun. If a defendant files a summary judgment motion, ...
 See also: Trial, Summary judgment, Evidence, Defendant, State
  
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