Legal Definitions - sham affidavit

Definition: A sham affidavit is a false or contradictory statement made by a witness in an attempt to create an issue of fact in response to a motion for summary judgment. It is a type of affidavit that contradicts clear testimony previously given by the same witness.

Example: In a personal injury case, the plaintiff's medical records clearly show that they did not suffer any injuries. However, the plaintiff submits a sham affidavit stating that they did suffer injuries. This is an attempt to create an issue of fact and avoid summary judgment.

This example illustrates how a sham affidavit can be used to contradict clear evidence and create a false issue of fact. It is a dishonest tactic used to avoid a ruling against the party submitting the affidavit.