Rule 1035.4.Affidavits.
Adopted February 14, 1996 · Not amended since adoption · Last verified June 30, 2026
Full Text of Rule 1035.4
Plain-English Summary
This rule sets the quality an affidavit must have to count on a summary-judgment motion. Each supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible at trial, and affirmatively show that the signer is competent to testify to those facts.
The standard keeps the summary-judgment record tethered to evidence a jury could hear at trial — not hearsay, speculation, or conclusions. An affidavit that fails the test carries no weight in deciding whether a real factual dispute exists.
Frequently Asked Questions
What must a summary-judgment affidavit contain?
It must be on personal knowledge, set out facts admissible in evidence, and show that the affiant is competent to testify to those facts.
Official Note
Official Note: See Section 2503 of the Judicial Code, 42 Pa.C.S. § 2503 for the award of counsel fees as part of taxable costs as a sanction for dilatory conduct or for conduct which is in bad faith. See Rule of Professional Conduct 3.1 providing that a lawyer shall not assert or controvert an issue unless there is a basis for doing so that is not frivolous, Rule 3.2 providing for reasonable efforts to expedite litigation consistent with the interests of the client and Rule 3.3 prohibiting the making of false statements of material fact or law to a tribunal.
Amendment History
The provisions of this Rule 1035.4 adopted February 14, 1996, effective July 1, 1996, 26 Pa.B. 862.