Courts now across the country are starting to recognize that the affidavits and other documents submitted to them do not meet even the most basic evidentiary requirements. I am of the opinion that affidavits which are hearsay on their face and which do not contain any copies of the “books and records” to which they refer, should be rejected by the court and summary judgment should not be granted in such cases even if the case is unrepresented.
Please read transcript from Pinellas County Judge Anthony Rondolino here where the judge cites the body of case law dealing with hearsay affidavits. Next, read an excellent opinion here from the Honorable Samuel Bufford where he explains the requirements that must be met to overcome an objection that affidavits of amounts due and owing are hearsay. Pay particular attention to ELEVEN step process that a proponent of a computer record must take in order to have computer records admitted into evidence over a proper hearsay objection.
NOW ASK YOURSELF, IF PLAINTIFFS WERE REQUIRED TO FIGHT HEARSAY OBJECTIONS, JUST HOW MANY FORECLOSURE
CASES WOULD THEY SUCCESSFULLY COMPLETE?
