Affidavit of merits

What does Affidavit of merits mean in American Law?

The definition of Affidavit of merits in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

Also often called “affidavit of defense.” An affidavit by a defendant that he in fact has a meritorious defense (and sometimes that the one he has is “not just technical”). It is required in some jurisdictions when the defendant is trying to prevent a speedy victory for the plaintiff, e.g., when he is seeking to set aside a default judgment, or prevent a summary judgment, in favor of the plaintiff. See Fed. R. Civ. P. 56(e). It is, then, a species of affidavit of good faith, i.e., it forces the defendant to swear to

something which otherwise he could lightly and merely strategically allege, e.g., by unsworn answer to a complaint.

Meaning of Affidavit of Merits

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