AFFIDAVITS CASE LAW FROM THE TEXAS SUPREME COURT AND
COURTS OF APPEALS
SUPREME COURT DECISIONS ON THE ISSUE OF PLEADING SUFFICIENCY
Kerlin v. Soto Arias , No. 06-0097 (Tex. Nov. 14, 2008)(challenge to deed, sufficiency of affidavit , lack
personal knowledge, hearsay, foreign language translation)
GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI
CORP v. GLORIA SOTO ARIAS, ET AL.; from Cameron County; 13th district (13‑03‑00364‑CV, ___ SW3d
___, 01‑05‑06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Per Curiam Opinion
WHAT IS AN AFFIDAVIT? An affidavit is a "statement in writing of a fact or facts
signed by the party making it, sworn to before an officer authorized to administer
oaths, and officially certified to by the officer under his seal of office." Tex. Gov't Code
Ann. §312.011(1) (Vernon 2005). The jurat of an affidavit is a "certificate by a competent officer that the
writing was sworn to by the person who signed it." Huckin v. Connor, 928 S.W.2d 180, 183 (Tex. App.-
Houston [14th Dist.] 1996, writ denied) (quoting Acme Brick v. Temple Assocs., Inc., 816 S.W.2d 440, 441
(Tex. App.- Waco 1991, writ denied)). 2-05-306-CV
http://www.2ndcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=17301
SUMMARY JUDGMENT AFFIDAVIT REQUIREMENTS: To constitute competent summary
judgment proof, an affidavit must be made on personal knowledge , set forth the facts that would be
admissible in evidence, and show affirmatively that the affiant is competent to testify to the stated matters.
Tex. R. Civ. P. 166a(f).