Expert: Charles W. Field - 7/20/2004

Question
Dear Mr.Field,

My attorney withdrew from my case in Federal district court(injuries because of police inactions)when def.-s filed a motion for summary judgment, which I had to oppose pro se.

I received from Allexperts couple identical police opinions exactly on the subject matter (not conclusive or summary opinion) from(volunteer)police experts in a same form of internet responses  as from allexperts attorneys  with the names, years of experience, etc. and provided these favorable opinions to defeat summary judgment motion. Defendants opposed to those as e-mails, which would not be admissible at trial as hearsay and, therefore, it is not good for summary judgment motion.

Is it  an admissable evidence or hearsay just because it is not in the form of affidavit, and if that is hearsay, would it be subject to exclusion under Federal Rules of Evidence?  

Answer
I don't practice in federal court, but I believe the rules are the same as in state court. The reason the emails are not admissible in opposition to the motion for summary judgment is because they are not under oath and therefore cannot be used to counter the defendant's affidavit, which I am assuming was surely under oath.