Stiles v. Dube

The defendants in their brief state that the question presented is whether “In a hearing upon a motion or plea grounded upon fact, can the trial court consider any allegation of fact not supported by sworn testimony or affidavit?” Superior Court Rule 47, upon which the defendants rely, so far as material, states that the court will not “hear any motion grounded upon facts, unless they are verified by affidavit . . . ; and the same rule will be applied as to all facts relied on in opposing any motion.”

The defendants ’ plea in abatement was supported by affidavits that they never dealt with the…