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Failure To File Affidavits in Opposition: Meaning and Effect
LawyersApril 8, 2026

Failure To File Affidavits in Opposition: Meaning and Effect

This article argues that failure to file an affidavit in opposition does not bar a party from responding to a motion on facts already on record, but only prevents the introduction of new facts. It clarifies that such failure amounts to admission of facts, not of the legal conclusions or relief sought, allowing continued argument on law and existing facts.

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