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Easy Come, Easy Go: Legislature Removes Affidavit Requirement for Citizen-Initiated Criminal Process
9 Jul 2018, 1:11 pm
As noted above, in 2017 the General Assembly effectively required citizens seeking criminal process to put the facts supporting probable cause in a written affidavit. [read post]
27 Aug 2022, 5:43 am
The memorandum begins by rehashing the procedural background that led to the release of the affidavit, including Reinhardt’s Aug. 18 finding that, while unsealing the affidavit could harm various legitimate interests, this did not justify keeping “‘the entire Affidavit under seal[.] [read post]
30 Sep 2013, 6:30 am
Under the "corrected affidavit doctrine," if “after crossing out any allegedly false information and supplying any omitted facts, the ‘corrected affidavit’ would have supported a finding of probable cause, then defendants are entitled to qualified immunity." [read post]
30 Jul 2019, 3:17 pm
Further, the court found that the plaintiff failed to raise a triable issue of fact in opposition to the defendant’s motion. [read post]
14 Jul 2010, 8:00 pm
Affidavits of Service An “affidavit” is a written or printed declaration or statement of facts made voluntarily, confirmed by the oath or affirmation of the party making it, and taken before an officer having the authority to administer such oath. [read post]
20 Nov 2012, 9:29 am
Because of the flat contradiction, the court disregarded the affidavit as a sham: Under the sham affidavit doctrine, a party cannot create a genuine issue of fact sufficient to survive summary judgment simply by contradicting his or her own previous sworn statement (by, say, filing a later affidavit that flatly contradicts that party’s earlier sworn deposition) without explaining the contradiction or attempting to resolve the disparity.Id. [read post]
27 Mar 2013, 7:24 am
Haralabatos, a medical malpractice case where the Second Department held that the plaintiff failed to raise a question of fact regarding causation. [read post]
15 Sep 2021, 4:01 am
A case can be made, with great difficulty, that filing an affidavit of another person which contains false information is a violation. [read post]
1 Dec 2022, 6:43 am
Kemmler’s affidavit was insufficient to create a genuine issue of material fact refuting the opinion of the Medical Review Panel. [read post]
22 Apr 2011, 9:19 am
Anytime new information is revealed to the disclosing spouse, he or she has 30 days to amend the affidavit with the new facts. [read post]
5 Oct 2010, 3:05 am
Here, defendant's expert presented a "good" affidavit, and plaintiff's expert presented a "conclusory" affidavit in a lawn care products liability case. [read post]
23 Sep 2016, 10:24 am
General Laws chapter 183 section 5B provides a cure to this problem by providing that “an affidavit made by a person claiming to have personal knowledge of the facts therein stated and containing a certificate by an attorney at law that the facts stated in the affidavit are relevant to the title to certain land and will be of benefit and assistance in clarifying the chain of title may be filed for record and shall be recorded in the registry of deeds where… [read post]
2 Jul 2014, 2:53 pm
If attorneys are going to be publicly reprimanded for inaccurate submissions in temporary hearing affidavits, it should be due to a clear and material inaccuracy at the time of the affidavit’s execution and not due to a failure to insure facts hadn’t changed between the date of the affidavit and the date of the hearing. [read post]
22 Apr 2014, 5:33 am
Apart from the fact that the affidavit lacked the hallmark of reliability, the Court refused to admit the affidavit simply because the affiant did not tell the truth. [read post]
16 Jul 2010, 1:09 am
The Supreme Court of Ohio ruled today that when the affidavit of a retained nonparty expert is submitted in opposition to a pending motion for summary judgment, and statements in the affidavit contradict testimony given by the same expert during a prior deposition, the affidavit does not create a “genuine issue of material fact” that prevents summary judgment unless the expert sufficiently explains the reason for the contradiction. [read post]
14 Jun 2017, 8:36 am
The Facts of the Case The plaintiff was admitted to the defendant hospital while he was unconscious. [read post]
11 Apr 2010, 8:09 pm
This affidavit, if memory served me correct, was quite verbose. [read post]
15 Feb 2012, 7:42 am
An individual familiar with the matters in question may make an affidavit on behalf of another, but that person’s authority to do so must be clear, so when executing an affidavit, the affiant is verifying that they have authority to sign the affidavit and their personal knowledge of the facts. [read post]
21 Aug 2014, 10:12 pm
It just appears that there was no way to verify the facts on which his opinion was based and his testimony actually was more about basic, critical, and unverifiable facts, than scientific opinion. [read post]
23 Apr 2014, 9:00 am
Also, the affidavit does not become prima facie evidence of the facts contained in it until it has been on record for 5 years. [read post]
