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LSDefine
Simple English definitions for legal terms
sham affidavit
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A quick definition of sham affidavit:
A sham affidavit is a written statement where someone swears to tell the truth, but it contradicts what they said before. This is usually done to create confusion and make it seem like there is a disagreement about the facts. It's not allowed in court because it's not honest. Affidavits are important in legal cases because they help provide evidence, but they must be truthful and consistent.A more thorough explanation:
Definition: A sham affidavit is a false or contradictory statement made by a witness in an attempt to create an issue of fact in response to a motion for summary judgment. It is a type of affidavit that contradicts clear testimony previously given by the same witness.
Example: In a personal injury case, the plaintiff's medical records clearly show that they did not suffer any injuries. However, the plaintiff submits a sham affidavit stating that they did suffer injuries. This is an attempt to create an issue of fact and avoid summary judgment.
This example illustrates how a sham affidavit can be used to contradict clear evidence and create a false issue of fact. It is a dishonest tactic used to avoid a ruling against the party submitting the affidavit.