All briefs and oral argument for summary Judgment completed. I am opposing summary Judgment. This is Federal Court. I objected to an affidavit that purported something that the affiant did not witness. I objected to the affidavit in witling and at oral argument. I Supported by proper affidavit. The judge said he would rule on it but may just discount that particular part of the affidavit.(a major major fact to the case). it has been 10 days since the hearing - I now realize that the affidavit was never properly sworn to nor does the affiant state that it is true under the pains and penalty of perjury( which is required). Planning on filing tomorrow a notice of invalid affidavit with rule 56 FRCP and supporting case. What would be appropriate title of filing and is it to late to be considered??
Thanks