Summary judgment factual dispute.

Lawsuits And Disputes 5 views 3 answers
Same individual making opposite factual statements in deposition and affidavit raises a factual dispute. Same person raising opposite factual statements in pleading and deposition or affdivit DOES NOT raise a factual dispute. Is this correct?

Attorney Answers

3
Richard Kurt ArbucklePersonal Injury LawyerHouston, TX ·
Basically you are correct. Lots of exceptions and nothing is as simple as it sounds. A pleading is not evidence, so it can never create a fact issue. Depositions and affidavits for purposes of summary judgment are evidence and contradictions create an issue as to which is correct. Note that the fact issue has to be relevant to the motion for summary judgment for it to make any difference. Any old fact issue won't do.
0 upvotes
Forrest Welmaker ·
To answer this question correctly and on point, we need more facts. What you stated is generally true but there are always exceptions. Also, there are different interpretations to the written word sometimes.
0 upvotes
Ed WaltonLawsuit / Dispute AttorneyTerrell, TX ·
You need to research the issue of sham affidavits. There are several cases which state that a party can't use an affidavit which states different facts than their deposition.
0 upvotes

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