Search for: "Affidavit of Facts"
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1 Jun 2016, 10:25 am
The Iowa Supreme Court concluded that the affidavit did not create a genuine issue of material fact and did not preclude summary judgment, because the affidavit contradicted her earlier sworn testimony. [read post]
27 Jun 2007, 7:42 am
If you submit an affidavit in Illinois under Rule 191 (ie supporting/resisting summary judgment) the affidavit MUST say that the witness can competently testify to the facts recited therein. [read post]
21 Mar 2017, 9:45 pm
Cardenas, 2014 ONSC 7119, Justice Myers eloquently sets out the rules on affidavits sworn in support of motions: [14] Lawyers’ affidavits can be quite helpful in cases where the lawyers, or their staff, have particular knowledge relevant to the facts in issue before the court. [read post]
1 Jun 2012, 1:49 pm
Affidavits that fail to note when various facts occurred may be excluded if the court cannot determine which facts are relevant to the modification and which facts describe matters that pre-date the final order. [read post]
4 Nov 2019, 12:37 pm
FBI Affidavit in Richard Holzer Case (PDF)FBI Affidavit in Richard Holzer Case (Text) [read post]
28 Oct 2022, 7:52 am
Premack: My brother filed with the county records an Affidavit of Facts Concerning the Identity of Heirs. [read post]
9 Jul 2009, 4:37 pm
Permissible in light of the sham affidavit rule? [read post]
11 Aug 2010, 8:27 am
-Checklist:- State the name of the affiant, being duly sworn and over the age of 21 (if true), states as follows based on personal knowledge:- State facts or opinions in numbered paragraphs.- Provide a signature block for the affiant and notary (see sample affidavit, below)-Thoughts & Best Practices:- While affidavits normally state only facts and information personally known to the affiant, there may be exceptions where either hearsay exceptions or… [read post]
10 Sep 2010, 3:39 pm
The Federal Court recently took the unusual step of striking evidence on an interlocutory application, concluding that the affidavit at issue contained irrelevant or hearsay evidence going to controversial issues and that the objecting party would be prejudiced if admissibility was left to the trier of fact. [read post]
27 Aug 2021, 3:31 am
In an Illinois divorce, the verification of facts is usually done via an affidavit. [read post]
8 Nov 2023, 9:16 am
Defences The defences available to a false affidavit charge are entirely dependent on the facts of your case. [read post]
25 Feb 2011, 3:09 pm
., A-2330-09T2, February 18, 2011: Rule 1:6-6 provides that “[i]f a motion is based on facts not appearing of record or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify[.] [read post]
14 Mar 2024, 4:00 am
As Shields continuously emphasizes the importance of facts throughout the text, readers may recognize his final comment as he quotes Dan Aykroyd’s portrayal of Joe Friday in the 1987 film version of Dragnet: “Just the facts, ma’am. [read post]
5 Nov 2009, 8:36 am
It is important that this section of the affidavit remain focused on facts, not opinion. [read post]
16 Aug 2012, 9:02 pm
An affidavit for an arrest warrant that merely tracked the statutory language without alleging any facts was insufficient as a matter of law. [read post]
30 Nov 2022, 5:57 pm
Proc. art. 1.06, 18.01(b) (“A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested“). [read post]
22 Mar 2021, 8:00 am
Affidavits of heirship just create a presumption that the facts contained in the affidavit are correct. [read post]
1 Dec 2022, 8:00 am
Affidavits of heirship just create a presumption that the facts contained in the affidavit are correct. [read post]
17 Mar 2011, 8:34 am
Div. 2011), A-2501-09T3, March 17, 2011: Rule 1:6-6 permits consideration of facts contained in “affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and which may have annexed thereto certified copies of all papers or parts thereof referred to therein. [read post]
23 Apr 2019, 4:42 pm
Clearly the fact that an order had been made specifically disallowing additional affidavits made it difficult to find a case on point. [read post]
