Does an affidavit really prove a privilege?
By David J. Balzer
Bench and Bar,
November 2013
Unlike summary judgment motions and proving service on an individual, there is no Supreme Court Rule, Code of Civil Procedure section or Rule of Evidence carving out an exception that permits the use of an affidavit to prove a privilege. In other words, your opposing counsel has a decent argument that your affidavit is inadmissible hearsay. Ignoring this risks falling short of meeting your burden.
Follow-up on the article
By Eugene G. Doherty & David J. Balzer
Bench and Bar,
November 2013
A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
Follow-up on September article
By Eugene G. Doherty & David J. Balzer
Civil Practice and Procedure,
October 2013
A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
Does an affidavit really prove a privilege?
By David J. Balzer
Civil Practice and Procedure,
September 2013
Unlike summary judgment motions and proving service on an individual, there is no Supreme Court Rule, Code of Civil Procedure section or Rule of Evidence carving out an exception that permits the use of an affidavit to prove a privilege. In other words, your opposing counsel has a decent argument that your affidavit is inadmissible hearsay. Ignoring this risks falling short of meeting your burden.
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