Legal Question in Civil Litigation in Pennsylvania
Admissibility of Affidavit
Hello, I would like to know if an affidavit can be contested as inadmissable if it is blatantly incorrectly executed. Some of the mistakes I have found on several affidavits turned in by the opposing party are: no signature by the affiant & no statements on the affidavit (simply the statement ''see attached''). The other problems are cosmetic (poor grammar & spelling), and probably don't affect the document. But as a former notary, I admit to being appalled by the lack of diligence the notary they used took in affirming the ''oaths'' of the parties. I was thinking that I could simply state the fact that the affidavits are incorrectly executed and therefore inadmissible as testimony, but wanted to get a second opinion before I put that out there. Thank you for your time and consideration.
1 Answer from Attorneys
Re: Admissibility of Affidavit
An affidavit is hearsay. If there is a trial the affiant will have to testify.
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