[Download] "Martinez v. Coombs" by Arizona Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Martinez v. Coombs
- Author : Arizona Supreme Court
- Release Date : January 27, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Defendant made a motion for summary judgment and subsequently filed affidavits in support of the motion. Although the affidavits were filed two weeks prior to the hearing, plaintiffs counsel was not served with them until he appeared at the hearing on October 16, 1959. At the hearing and in opposition to the motion, plaintiffs counsel asked the trial judge to take judicial notice of the transcript of testimony in a previous criminal trial of plaintiff out of which the causes of action stemmed. The trial judge asked counsel if he wanted to file a copy of the transcript and counsel said he would do so if the court wanted him to, but that he would prefer to have the court take judicial notice of it. The trial judge agreed to take judicial notice of the transcript and took the motion under advisement and on October 29, 1959 the trial judge granted the motion for summary judgment on the ground that plaintiff had not complied with Rule 56(e), Rules of Civil Procedure, 16 A.R.S.