A UCPR 51.22(2) affidavit must set out material facts — not mere assertions or beliefs — demonstrating that the monetary threshold for an appeal as of right is met. Those material facts can only be based on evidence that was before the trial judge or that could be admitted as fresh or further evidence on appeal. An expert report and supporting documents never tendered at trial cannot be relied upon in the affidavit to establish the threshold.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
4 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.