Havas v. Hughes Estate
Havas v. Hughes Estate
Opinion of the Court
OPINION
This is an appeal from a summary judgment entered in favor of respondents. Appellant’s complaint alleged that he was slandered by a comedian during a performance at respondent hotel, and that the comedian was either an agent, employee or independent contractor of the hotel. Appellant also alleged that in employing the comedian, respondents knew or should have known that the comedian would make false and slanderous statements.
In response to the summary judgment motion, appellant requested a continuance. Appellant pointed out that the written contract had not been attached to respondents’ motion for summary judgment, and that the Kane affidavit was conclusory, inadmissible and a violation of NRCP 56(e). Appellant argued that he “must have a copy of the contract... to determine the facts as set forth by the affidavit of Walter Kane.” Appellant requested a continuance of the summary judgment proceeding in order to conduct discovery. In opposition to the continuance, respondents failed to explain why the written contract was not attached to the motion for summary judgment.
The district court denied appellant’s request for a continuance, and granted respondents’ motion for summary judgment.
NRCP 56(e) provides that sworn or certified copies of all papers referred to in an affidavit “shall be attached thereto or served therewith.” The rule is mandatory, and a district court’s reliance upon an affidavit which does not comply with the rule may constitute reversible error. See Daugherty v. Wabash Life Ins. Co., 87 Nev. 32, 482 P.2d 814 (1971); cf. State of Washington v. Maricopa County, 143 F.2d 871 (9th Cir. 1944) (Fed.R.Civ.P. 56(e)).
In addition to the irregularity of the Kane affidavit under NRCP 56(e), the affidavit fails to establish as a matter of law that respondents have no liability to appellant. As mentioned earlier, appellant’s complaint alleged that when respondents employed the comedian, respondents knew or should have
For the reasons discussed above, the district court erred by granting summary judgment to respondents. Accordingly, we reverse the summary judgment, and remand for further proceedings.
Appellant’s action against the comedian is still pending in district court. The judgment in favor of respondents was certified pursuant to NRCP 54(b).
Reference
- Full Case Name
- VICTOR HAVAS v. HUGHES ESTATE, SUMMA CORPORATION dba DESERT INN HOTEL
- Status
- Published