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AFFIDAVIT BY PARTY OR INTERESTED WITNESS - When is it admissible?
The affidavit of an interested witness may support summary judgment if the evidence is clear, positive, direct,
otherwise credible and free from contradictions and inconsistencies, and could have been readily controverted.
See Perez v. Cueto, 908 S.W.2d 29, 31 (Tex. App.-Houston [14th Dist.] 1995, no writ). "Could have been readily
controverted" means that if the testimony is of a nature which can be effectively countered by opposing
evidence — such as facts subject to observation — then summary judgment is proper in the absence of
controverting proof. See id. at 32; Casso v. Brand, 776 S.W.2d 551, 558 (Tex. 1989). Issues such as an actor's
intent or knowledge are the types of matters that cannot be readily controverted. See Perez, 908 S.W.2d at 32.
Eix, Inc. v. JP Morgan Chase Bank (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Boyce)
(commercial debt suit, personal guaranty, summary judgment evidence, affidavit by interested witness)
AFFIRMED: Opinion by Justice Boyce
Before Justices Frost, Brown and Boyce
14-08-00042-CV Eix, Inc., and Saeed Moradi v. JP Morgan Chase Bank, N.A.
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge: Linda Storey
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