Pleadings and Motions
Dispositive Motions
Courts may disregard an affidavit conflicting with earlier deposition testimony where it appears designed to manufacture a fact dispute. Application requires the contradiction be clear and unexplained.
Newly discovered evidence or genuine confusion may explain the change.
Alternative Names:
Sham Affidavit Doctrine, Contradictory Affidavit Rule
Why it Matters?
The rule is what prevents a plaintiff from defeating summary judgment by submitting an affidavit reversing damaging deposition admissions. Establishing that the contradiction is clear rather than merely elaborating is the analytical requirement, since courts distinguish supplementing incomplete testimony from reversing it. Deposition questioning that locks answers precisely, without ambiguity a later affidavit could exploit, is the preparation that makes the rule available.
Frequently Confused with
Related terms
Frequently asked questions
When does the rule apply?
What preparation makes it available?
