If an affidavit in support of a motion to vacate contains hearsay, legal conclusions or other objectionable contents, does the affidavit become competent evidence?
California, United States of America
The following excerpt is from the Marriage of Kerry, In re, 158 Cal.App.3d 456, 204 Cal.Rptr. 660 (Cal. App. 1984):
Even if the affidavit in support of a motion to vacate contains hearsay, legal conclusions or other objectionable contents, failure to object on these grounds in the trial court waives the defects, and the affidavit becomes competent evidence. (Johns v. Curry (1961) 189 Cal.App.2d 94, 98-99, 10 Cal.Rptr. 882.)
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