Can a verified amended complaint be used as an opposing affidavit under Rule 56?
MultiRegion, United States of America
The following excerpt is from Moreno v. Upchurch, 89 F.3d 845 (9th Cir. 1996):
1 In their opening brief, the plaintiffs contend that they filed a verified amended complaint which can serve as an opposing affidavit under Rule 56. The amended complaint, however, is not based on the plaintiffs' personal knowledge. Accordingly, it cannot be used as an opposing affidavit under Rule 56. See Schroeder v. McDonald, 55 F.3d 454, 460 (9th Cir.1995).
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