Can Utah courts accept affidavits without supporting documents in summary judgment? Portfolio Recovery Associates, LLC v. Migliore Explained

In Portfolio Recovery Associates, LLC v. Migliore, the Utah Court of Appeals clarified important standards for admitting affidavits in summary judgment proceedings, particularly when supporting documentation is absent.

Background and Facts

Portfolio Recovery Associates (PRA) sued Charles Migliore for breach of contract on a credit account that PRA had purchased from Wells Fargo Bank. PRA moved for summary judgment, supporting its motion with affidavits from David Sage, a PRA representative, and Miriam Olguin, a Wells Fargo records custodian. Migliore moved to strike both affidavits, arguing they lacked proper foundation and contained inadmissible hearsay. The district court denied the motions to strike and granted summary judgment to PRA.

Key Legal Issues

The primary issues were whether the district court abused its discretion in admitting affidavits that: (1) contained averments based on personal knowledge without supporting documentation, (2) established business records foundations through custodian testimony, and (3) addressed account assignment without attaching the assignment document.

Court’s Analysis and Holding

The Court of Appeals applied an abuse of discretion standard to the district court’s evidentiary rulings and correctness standard to the summary judgment determination. The court emphasized that district courts may properly accept affidavits at face value absent obvious inadmissibility. Crucially, Rule 56(e) does not require that all averments in an affidavit be supported by documentation—affiants may attest to facts within their personal knowledge even when documentary evidence might independently show the same facts. The court found sufficient foundation existed for the business records exception when the affiant demonstrated familiarity with record-keeping practices.

Practice Implications

This decision provides important guidance for Utah practitioners handling summary judgment motions. When challenging affidavits, attorneys should consider deposing affiants before filing motions to strike, as courts will not engage in cross-examination by conjecture. For debt collection cases, the decision confirms that account assignments can be established through personal knowledge testimony without requiring the underlying assignment document. The ruling also reinforces that business records foundations can be established through custodian affidavits that demonstrate familiarity with record-keeping processes, even when the custodian reserves the right to designate another representative for trial testimony.