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Source Summary Judgment Civil Procedure Matched to this deck.

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0 tracked cards Civil Procedure

In opposing summary judgment, a plaintiff submits a signed declaration from a coworker. The declaration says, "I heard from others that the supervisor probably fired plaintiff for reporting safety issues, and in my opinion the firing was illegal." The coworker was not present for the firing meeting and identifies no personal observations about the decision.
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Summary-judgment materials are exempt from all evidence rules. A party may rely on a witness declaration even when the witness admits having no personal knowledge of the events. An affidavit or declaration used to support or oppose summary judgment must be made on personal knowledge, set out facts that would be admissible in evidence, and show the declarant is competent to testify. A document can be considered only if it has already been admitted into evidence at trial.

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