Supreme Court Rules - Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings: Evidence on Motions

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Supreme Court Rules

		Section/Rule:	55.28
Subject:	Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings	Publication / Adopted Date:	DJdanuary 19, 1973
Topic:	Evidence on Motions	Revised / Effective Date:	September 1, 1973

55.28. Evidence on Motions

When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

(Adopted Jan. 19, 1973, eff. Sept. 1, 1973.)

Committee Note - 1974

This is the same as Rule

43(e)

of the Federal Rules of Civil Procedure. It is broader than prior Rule

55.31(b)

as it allows the use of oral testimony and depositions as well as affidavits.