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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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During a civil action for damages arising from a vehicular collision, plaintiff A files a judicial affidavit sworn by B, who states: (i) he personally observed that the defendant's vehicle ran a red light; (ii) he saw the defendant stumble and appear intoxicated at the scene; (iii) the weather and road conditions contributed to the accident. B did not witness all of these details and later testified that some parts were conveyed to him by other witnesses and by counsel. The defendant moves to exclude the portions of the judicial affidavit that are not based on B's personal knowledge and to challenge the admissibility of those statements as hearsay; the court allows limited cross-examination of B by teleconference but does not call him to testify in court. (a) Name the central doctrine governing judicial affidavits and the personal knowledge requirement. (b) Distinguish between statements within a judicial affidavit based on personal knowledge and those based on information from others, and describe how this affects admissibility and weight. (c) If a party willfully includes false statements in a judicial affidavit, what ethical and procedural consequences may follow for the affiant and for counsel, and what remedies can the opposing party seek?

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