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← 345 S.C. 23 - Dawkins v. Fields

Dawkins v. Fields’s Empirical Analysis

2001

Citation profile

6
cited by 6 later decisions
1
states following
May 2004
most recently cited

6 state decisions

Relationships

Relies on Colon v. Coughlin · Conaway v. Smith · United States v. Four Parcels of Real Property in Greene & Tuscaloosa Counties · 755 So. 2d 226 - Independent Fire Ins. Co. v. Sunbeam Corp. · Barrett v. Danbury Hospital

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Although our courts have not specifically addressed whether a verified complaint is the equivalent of an affidavit for purposes of summary judgment, Rule 56 of the South Carolina Rules of Civil Procedure is identical to its federal counterpart.... Federal courts addressing the issue have held that for the purposes of summary judgment, a verified complaint is the equivalent of an affidavit, provided that the verified complaint meets the requirements of Rule 56(e).... Likewise, numerous state courts have held that a verified complaint is the equivalent of an affidavit for summary judgment purposes____Moreover, our review of South Carolina cases leads us to believe that such a result is consistent with South Carolina law.... Accordingly, we hold that for summary judgment purposes, a verified pleading is equivalent to an affidavit, provided it meets the requirements of Rule 56(e).”
    1 later decision quote this exact passage
  2. “PERSONALLY APPEARED before me, [respondent’s name], who being duly sworn, deposes and says: that he is one of the Plaintiffs, in the foregoing action, that he has read the within Complaint, and that the facts are true of his own knowledge, except those matters and things therein alleged upon information and belief, and as to those, he believes them to be true.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.