Can I object to plaintiff affidavit on court day in debt lawsuit?

Question

I'm facing a debt lawsuit in general District Court. My court date is set for October 22, 2025, and I have already submitted my response to the court on August 14, 2025. The deadline for submitting responses was September 22, 2025. I have filed a counter affidavit challenging the plaintiff's affidavit and submitted discovery requests on September 5, 2025. I would like to know if I can object to the plaintiff's affidavit on the day of the court hearing or if it must be done beforehand.

Barry W. Kaufman · Answer

It seems to me that your counter-affidavit is the challenge. If you have these sorts of questions, you really should consult an attorney.

James L. Arrasmith · Answer

Yes, you can object to the plaintiff’s affidavit on the day of the hearing. Courts generally allow objections to evidence, including affidavits, when they are offered at trial. Your objection should be made as soon as the affidavit is introduced, and you will need to explain why it should not be considered, such as issues with hearsay, lack of proper foundation, or failure to comply with the rules for affidavits in debt cases. 
 
Since you’ve already filed a counter affidavit and engaged in discovery, you have shown the court that you are actively disputing the plaintiff’s claims. That helps strengthen your position because you are not waiting until the last minute to raise concerns. At the hearing, the judge will weigh whether the affidavit meets the requirements under the law and whether your objections show reasons to exclude it. 
 
Even though you can object at trial, it is often best to raise those issues ahead of time if possible. Some judges prefer to see written motions or responses before court, but that doesn’t take away your right to object when the evidence is offered. On your court date, be ready to clearly state the grounds for your objection so the judge can rule on it immediately.

Q: Can I object to plaintiff affidavit on court day in debt lawsuit?