How can I best object to the introduction of the following
affidavit?
Attorney X advises client Y that defendant Z took advantage of her.
Attorney X then drafts an affidavit which client Y signs and attests
to. The affidavit says "I supported Z until Attorney X showed me a
chart which proved to me that Z took advantage of me. I now
repudiate my relations with Z who I no longer trust."
Defendant Z believes the affidavit was the product of the attorney's
undue influence, fraud, or mistake. Client Y is an elderly who was
recently subjected to a conservatorship action for not being able to
resist undue influence.
But the question remains, which rules of evidence form the best
basis for objection? Hearsay?
There is probably nothing wrong with the affidavit. It states the affiant's
state of mind. You didn't post it word for word. So it's probable that the
actual affidavit states that some things are based on her personal knowledge
and other things are based on her belief. There is no hearsay in it. The
only possible objection is relevance. Undue influence, fraud and mistake
are very unlikely. And even if you could prove any of those things, that
wouldn't change the admissibility. It's often true that the affidavit
consists of the attorney's words and the affiant's signature. That's ok, as
long as the affiant agrees with the statements.
So what to do. If the affidavit contains false facts or incorrect
interpretations of facts, you can say so in your own affidavit. Otherwise,
the affiant is entitled to say anything she wants, even if what she wants is
to say: "Yeah, that's right, what he wrote."
McGyver
