Can an affidavit be used to prove the merits of a lawsuit?
California, United States of America
The following excerpt is from Grove v. Grove Valve & Regulator Co., 213 Cal.App.2d 646, 29 Cal.Rptr. 150 (Cal. App. 1963):
Respondents dispel this fear, stating that it is a 'well-known rule that affidavits may not be used to prove the merits of a lawsuit, as distinquished from matters collateral to or ancillary to the action * * *. [I]n the present case the question of whether Flehr and his law firm should be allowed to represent appellant clearly is a collateral issue. Meehan v. Hopps, 45 Cal.2d 213, 216, 288 P.2d 267 (1955).'
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