Claypotch v. Heller, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that certifications \based upon information provided to [the affiant]\ do not satisfy the personal knowledge requirement of Rule 1:6-6
• recognizing prejudice to the defendant is \a crucial factor\ A-4374-18 10 as to \whether a plaintiff has acted with due diligence\
• stating that the amended complaint substituting the real name of a fictitiously named party is said to \relate back\ to the date the complaint was originally filed
• stating that defendant may use a fictitious name \only if a defendant's true name cannot be ascertained by the exercise of due diligence prior to filing the complaint\
• noting that unopposed statements of material fact are \deemed admitted\ when \sufficiently supported\ by affidavits \made on personal knowledge\ (first quoting R. 4:46- 2(b); and then quoting R. 1:6-6)
• warningthat failure to file affidavit within prescribed discovery period may result in dismissal based on failure to comply with due diligence requirement

Source: CourtListener parenthetical corpus (CC0).