Principle

CIVIL PROCEDURE – Affidavit Evidence – Wrongful Striking Out Under Evidence Act

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Affidavit paragraphs that state facts and circumstances from personal knowledge or information are proper. The court should not strike them out. The principle applies to all affidavit evidence. The court must distinguish between facts and legal arguments or conclusions. The appellate court will correct errors…

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