If you dont respond to an affidavit?

UPDATED: Oct 1, 2022

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If you dont respond to an affidavit?

As a plaintiff if you dont respond to affidavits of witnesses, am I admitting what they
say is truth? Can you cross examine those affidavits that you dont respond to?

Asked on March 2, 2018 under Estate Planning, Alaska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I wish you had given more specific information here but I will try my best to help you understand the general litigation issues you have raised.  So an affidavit as you know is a sworn document where the person in whose name it is attests to the truth of the information in same.  That is what goes before the court.  You as the opposing party need to address what that person or those persons say so that the Judge understands your side of things.  What can be most effective is to address the "truths" in that affidavit with proof that they are not in fact the true story.  It is best not to let them stand alone without your side of the story.  If the matter goes to trial they must appear to state their side.  Good luck.

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