Feb 6, 2013

Summary Judgment and the Interested Witness

In its recent decision in Feliciano v. City of Miami Beach, Case No. 12-11397 (decided Feb. 5, 2013), the Eleventh Circuit addressed the recurring issue of how to use the testimony of an interested party in the context of a motion for summary judgment.  The Court offered a strong ruling that such testimony must be credited. Writing for the panel, Judge Carnes noted that in early common law practice, parties and others with an interest in the outcome of the case were incompetent to testify and excluded as witnesses.  However, courts long ago abandoned such a position. The Feliciano case… Read more