See HURD, supra note 171, at 259 (stating that, at least in noncriminal matters, the "rule" against controverting the truth of facts in the return was "not, in its absolute form, the law").
9 HOLDSWORTH, supra note 84, at 120 (observing that judges "mitigated [the] harshness" of the restriction against controverting the truth of the return "by adopting the practice of making a rule that a person holding another in his custody should show cause for his detention, and of discharging such person if no cause were shown").
46) The purpose of this requirement is to give the opposing party an opportunity to submit its own controverting affidavits or other responsive evidence in order to demonstrate the existence of a genuine issue of material fact for trial.
The fact that the opposing party was entitled to at least ten days (and now has twenty-one days) to prepare and file its controverting affidavits and may withhold the affidavits until just days before the hearing, suggests that the rules' drafters did not contemplate the routine submission of reply affidavits.
Since the 1975 publication of Peter Singer's Animal Liberation, all but a few philosophers writing in support of animal liberation have argued that the controverting of speciesism is a necessary conceptual first-step in achieving true animal liberation.
To encourage indigenous researchers to collect and translate their own oral literature, controverting the notion that such explorations should be left to "the experts," for whom they have long served as bringers of raw data and been maintained in informant status.