No specific laws identified for this ruling.
Navy Fed. Credit Union's summary judgment motion was denied and reversed on appeal because the plaintiff's affidavit lacked foundation regarding the affiant's personal knowledge of the credit union's record-keeping system and defendant's account balance.
SUMMARY JUDGMENT — CIV.R. 56 — AFFIDAVITS — BUSINESS RECORDS — EVID.R. 803(6) — PERSONAL KNOWLEDGE: Plaintiff was not entitled to summary judgment on its action on account where the affidavit and evidence attached to plaintiff's motion for summary judgment were inadmissible. The trial court abused its discretion when it considered the affidavit and evidence attached to plaintiff's motion for summary judgment because the affidavit did not cite the affiant's personal knowledge as a basis for the statements in the affidavit and the affiant's job title does not create an inference that the affiant had personal knowledge of either plaintiff's record-keeping system or documents allegedly showing defendant's outstanding balance.
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