21 Dec 2005
OLD MONEY FAMILY TRUST LIMITED V GLOBAL INVESTMENT TRUST LIMITED HC AK CIV-2005-404-2900
- Citation
- openlaw-23787060_613e_45a8_8ec6_59262e733ade.pdf
- Court
- High Court
The McLoughlin affidavit contains inadmissible material in breach of Rule 501 (hearsay and opinion based on inadequately proved documents) but the proper course is not to strike the whole affidavit; the court will keep the affidavit on file, read it, exclude the inadmissible parts and give those parts no weight; exclusion for going beyond reply was not argued and is not decided.