Affidavits to support opposition to a motion for summary determination must be sworn.
Docket Number: 1444768 , Decision Date: August 18, 2015
Attachment: Click here to download the decision.
A physician attached two affidavits to her response to the Georgia Composite Medical Board’s (“Board’s”) motion for summary determination. The two affidavits, one of which was unsigned, and neither of which was sworn to in person before a notary public or other officer empowered to administer oaths, were invalid, and could not serve as competent evidence in support of a response to a motion for summary determination. The physician therefore failed to demonstrate, by affidavit or other probative evidence, the existence of a genuine issue of material fact, despite the Court’s admonition in an earlier order to ensure that her Response was legally supported. Although the Court granted the motion for summary determination, the Court decided that an evidentiary hearing was necessary to allow the physician an opportunity to refute the Board’s proposed sanction of revocation of her license through the presentation of mitigating evidence and testimony.