Which statement best describes a complete affidavit requirement under Rule 56(c)(4)?

• A. It must be sworn by two witnesses
• B. It may be unsigned
• C. It must be based on personal knowledge, set out admissible facts, and show the affiant is competent
• D. It must be submitted with the complaint

Answer: (C)

Rule 56(c)(4) requires that an affidavit used with a summary judgment motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify about the matters stated. This means the affiant actually observed or experienced the facts, the statements presented are of the kinds that could be used in court (not just conclusions or rumors), and the affiant has the authority or ability to testify about them (under oath or affirmation).

That’s why the option describing these three elements is the best answer. The other statements don’t fit: requiring two witnesses isn’t a requirement, unsigned affidavits aren’t permissible, and affidavits aren’t required to accompany the complaint—they’re used with the motion for summary judgment or in opposition to it.