Is an affidavit of counsel sufficient to be considered sufficient in a civil case?

California, United States of America


The following excerpt is from Pitchess v. Superior Court, Los Angeles County, 109 Cal.Rptr. 596, 34 Cal.App.3d 98 (Cal. App. 1973):

It is true that an affidavit of counsel was treated as sufficient in Engstrom v. Superior Court, 20 Cal.App.3d 240, 97 Cal.Rptr. 484. In that case, however, counsel swore to facts that had been testified to at a preliminary hearing and to facts that appeared in pretrial statements of prosecution witnesses. He also set forth in considerable detail his client's version of the argument that led to the shooting and of the shooting itself, a version which, if believed, would make a prima facie case of self-defense. For these reasons the requirements for 'specific facts' and 'full detail' appear to have been satisfied in that case.

Other Questions


In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Does a prosecutor's argument in a civil case that a jury should consider whether there was an aggravative factor in the case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would change the disposition of a defendant in a civil case? (California, United States of America)
Are there any cases that support the argument that a person who is not a plaintiff in a civil case is entitled to be considered a witness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.