Legal Opinion · Dissent
Berenson v. USA Hockey, Inc.
Colorado Court of Appeals
Decided October 10, 2013No. Court of Appeals No. 12CA1013Published
1Dissent
JUDGE DAILEY,
dissenting.
4 21 I respectfully dissent from the majority's opinion. ‘
122 As the party moving for summary judgment, USA Hockey had the burden of establishing the lack of a genuine issue of material fact through the use of sworn affidavits and other materials setting forth such facts as would be admissible in evidence. See C.R.C.P. 56(e) (affidavits shall refer to personal knowledge and set forth admissible evidence).
{23CRE 1002, 1003, and 1004 comprise Colorado's best evidence rules. Under those rules, to prove the contents of a writing,
® the original or a duplicate is required,…
2Cases cited6 opinions
- Jaffee v. RedmondSupreme Court of the United States · 1996
- Railroad Management Co. v. CFS Louisiana Midstream Co.Court of Appeals for the Fifth Circuit · 2005
- Cooley v. Director of RevenueSupreme Court of Missouri · 1995
- Stack v. WapnerSuperior Court of Pennsylvania · 1976
- State v. HillSupreme Court of New Jersey · 2005
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