First Adopted: January 01, 1973
Most Recently Effective: September 01, 1973
Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings
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.
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.
(Adopted January 19, 1973, effective September 1, 1973.)