Court of Appeals for the Ninth Circuit February 8, 2002, 00-15535 (In Re: The Estate of Vicente Candelaria Dela Cruz, Deceased. Jose Roberto Dela Cruz v. Jesus Cruz)

CANBY, Circuit Judge.

The question that appellant Jose Cruz attempts to present by this appeal is whether it violated due process for the trial court in his civil case to consider against him his own affidavit that he appended to a motion and submitted to the court, when that affidavit was never admitted into evidence.