Federal Deposit Insurance Corp. v. Selaiden Builders, Inc

In Federal Deposit Insurance Corp. v. Selaiden Builders, Inc., 973 F.2d 1249 (5th Cir. 1992), one affiant stated that the statements in his affidavit were based on his review of the company's business records. Another affiant stated that the statements in her affidavit were within her personal knowledge as the custodian of the records. In holding that the affidavits met the requirements of Federal Rules of Civil Procedure Rule 56(e) (identical to HRCP Rule 56(e)), the United States Court of Appeals for the Fifth Circuit ruled that "based on the affiants' personal knowledge and on their positions with the company, the affiant were competent to testify." Id. at 1254 n.12.