You Don’t Have to Swear: Using Unsworn Statements to Survive an MSD

In an unpublished decision, the Michigan Court of Appeals in Estate of Calvin Simmons, by Victor Payne, Personal Representative v Auto Club Insurance Ass’n, ruled that a party may oppose summary disposition on the basis of “documentary evidence” whether or not that evidence is submitted in an admissible form. In this case, medical records, letters from doctors, and a case manager’s progress reports were sufficient documentary evidence to consider in the Motion for Summary Disposition. Therefore, “failure to produce affidavits or deposition testimony is not necessarily fatal to a nonmoving party.”

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