March 30, 2007

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Michael D. Moberly article Applying the Sham Affidavit Doctrine in Arizona

Michael D. Moberly’s article, Applying the Sham Affidavit Doctrine in Arizona, was published in the Winter 2006 volume of the Arizona State Law Journal. In this article, Mike reviews the history and application of the sham affidavit doctrine by the Arizona courts. The sham affidavit doctrine originated as a method of preserving the summary judgment process by permitting a trial court to disregard an affidavit that is inconsistent with the affiant’s prior deposition testimony. The article reviews not only the sham affidavit doctrine, but also ancillary issues, including the potential impact of the doctrine on Arizona’s procedural rules and the manner in which the doctrine effects the traditional role of the trier of fact. Michael D. Moberly’s article, Applying the Sham Affidavit Doctrine in Arizona, was published in the Winter 2006 volume of the Arizona State Law Journal. In this article, Mike reviews the history and application of the sham affidavit doctrine by the Arizona courts. The sham affidavit doctrine originated as a method of preserving the summary judgment process by permitting a trial court to disregard an affidavit that is inconsistent with the affiant’s prior deposition testimony. The article reviews not only the sham affidavit doctrine, but also ancillary issues, including the potential impact of the doctrine on Arizona’s procedural rules and the manner in which the doctrine effects the traditional role of the trier of fact.
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