Does the hearsay rule apply to allegations in pleadings and affidavits?
California, United States of America
The following excerpt is from Anlex Rock & Minerals, Inc. v. Brubaker-Mann, Inc., E065217 (Cal. App. 2017):
allegations in pleadings and affidavits as true simply because they are part of the court file (Day v. Sharp (1975) 50 Cal.App.3d 904, 914). "The hearsay rule applies to statements contained in judicially noticed documents, and precludes consideration of those statements for their truth unless an independent hearsay exception exists." (North Beverly Park Homeowners Assn. v. Bisno (2007) 147 Cal.App.4th 762, 778.)
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