In reviewing a motion to dismiss for lack of subject matter jurisdiction, can the court consider affidavits or any other evidence properly before the court?
MultiRegion, United States of America
The following excerpt is from Rivas v. Napolitano, D.C. No. 2:09-cv-03287-VBF-MAN, No. 09-56843 (9th Cir. 2013):
7. In reviewing a motion to dismiss for lack of subject matter jurisdiction, the court may consider "affidavits or any other evidence properly before the court." Sommatino v. United States, 255 F.3d 704, 710 n.3 (9th Cir. 2001).
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