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Dec 9, 2020 at 4:19 history edited Greendrake CC BY-SA 4.0
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Dec 9, 2020 at 4:13 comment added Greendrake @MichaelHall Where parties do not agree as to what happened, a hearing might be required. Your mere filing of an opposing affidavit does not resolve the case but only tells the judge that it has to be resolved by looking at what both parties say, not by way of summary judgment. 2nd sentence fixed.
Dec 9, 2020 at 4:07 history edited Greendrake CC BY-SA 4.0
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Dec 9, 2020 at 3:57 comment added Michael Hall I probably will seek out an attorney at this point, but I was planning to file an affidavit not only rebutting the plaintiffs statements point by point, but also stating our version of the truth. With the plaintiff's testimony rebutted wouldn't our unopposed affidavit then stand as the final truth, or would the matter still need to go to court? (perhaps the rebuttal and our affidavit of truth should be separate...)
Dec 9, 2020 at 3:17 history answered Greendrake CC BY-SA 4.0