Affidavit is Hearsay in Summary Judgment Motion (November 20, 2014 Florida litigation)
If you are involved in a summary judgment motion or a litigation case in Florida you may want to read thisNovember 20, 2014 Florida appeals court opinion from the 1st District Court of Appeal. This recent Florida litigation case deals with hearsay, Florida Evidence and affidavits.
How Do I Win Summary Judgment in Florida ?
- Winning at summary judgment can save probate litigation clients a lot of time and money
- Summary judgment in Florida probate litigation means that there are no material disputed facts and that the moving party is entitled to win: no estate lawsuit trial, just a hearing on the motion for summary judgment
- Some probate litigation law firms West Palm Beach have their own beliefs about summary judgment in probate cases
- Some believe that if the issue is a pure legal issue, it makes sense to have your probate litigator file a motion for summary judgment
- It also can make sense if it can save the client thousands of dollars in estate litigation attorneys fees if you don’t have to have a probate trial in the West Palm Beach Probate Court
- Knowing the basis for the summary judgment motion and how to move for summary judgment in a Palm Beach probate are important
Florida Evidence Code & Hearsay– how do you use the business records exception to the Florida hearsay rule?
- While many understand that affidavits are often filed in motions for summary judgment, this does not mean that a Probate court Palm Beach will ignore the Florida Evidence Code
- You can still make a hearsay exception
- Remember that in probate lawsuits, the Florida rules of evidence still apply
- In this recent case, not a probate case, you can read all about hearsay and objections based upon an affidavit. It’s the Clay County Land Trust v. JP Morgan Chase Bank case, 1D14-1125, Justice Swanson wrote the opinion. It was an appeal from Judge Wilkes in the lower court. You can find the opinion online at the 1st DCA’s website
- In this case, the business records exception to the Florida hearsay rule was important
- Computer prinouts?
- Inadmissible hearsay?
- Is the witness or affiant familiar with the business practice of the company which is producing the computer printout our data or statement?
- Can your witness or probate litigaiton law firm Palm Beach County authenticate the computer printout by being a records custodian or a person with specific knowledge of the amount of money or property or data in question?