Home -> Law Blog Directory -> Criminal Law Blogs -> Crime & Federalism

Criminal Law

: Crime & Federalism

Interesting Discusson on Sham Affidavit Rule

Plaintiff-deponent gave testimony that would tend to not establish liability.  Based on plaintiff-deponent's testimony, there would be no triable issue of material fact; defendant should win. The plaintiff-deponent then introduced evidence from other witnesses that tended to establish liability. Permissible in light of the sham affidavit rule? Yes.  Nelson v. City of Davis (here) (contains a nice discussion of sham affidavit rule).

Full post as published by Crime & Federalism on July 09, 2009 (boomark / email).