Search for: "Affidavit of Facts"
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29 Jul 2007, 7:29 am
Good faith reliance is further strengthened by the fact that the affidavit that was reviewed by a Commonwealth's Attorney prior to submission to the magistrate. [read post]
15 Aug 2007, 9:09 am
The affidavit for the search warrant included justification to search digital media such as a camera for drug related evidence, based on the officer's experience. [read post]
17 Nov 2010, 11:41 am
Since the Civil Court should not have considered any facts set forth, or exhibits referred to, in said affirmation (see Pisacreta, 265 AD2d 540), plaintiff failed to proffer any evidence in admissible form which raised an issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980]). [read post]
25 Aug 2009, 9:00 am
" The affidavit is in fact an interesting exegesis into some of the customary practice that surrounds compensation disclosure. [read post]
13 Apr 2012, 12:25 am
Furthermore he alleged the affidavit contained misstatements of material facts and that there was not probable cause to support his arrest. [read post]
2 Feb 2015, 11:07 am
Self serving affidavits, meaning those which contradict previous deposition testimony, will not be considered by the Court in deciding summary judgment and cannot raise a triable issue of fact sufficient to defeat summary judgment. [read post]
9 Jun 2016, 12:48 pm
According to the appellate court, the facts in the affidavit do not have to be based on personal knowledge. [read post]
20 Aug 2014, 4:57 pm
A case that should go to trial most often does; it withstands a motion for summary judgement, unless the party who uses the affidavit nefariously refused to disclose the expert in time. [read post]
31 Mar 2014, 9:03 am
The lengthy litigation among the parties centers on whether a July 20, 2005 affidavit of facts (affidavit) attested to by Silver is a document that must be recorded on the land records of the town of East Granby (town). [read post]
3 Dec 2020, 11:36 am
If a defendant makes such a showing, then the plaintiff is required to produce materials or facts to rebut the defendant’s showing, to demonstrate that a factual dispute exists that requires a trial. [read post]
20 May 2010, 12:05 pm
In his determination of whether probable cause exists, the magistrate may interpret the probable cause affidavit in a non-technical, common-sense manner and he may draw reasonable inferences from it.Using this reasoning, the court went on to list the reasons why the affidavit in this case was sufficient. [read post]
10 Jan 2018, 8:17 am
The Facts of the Case The plaintiff was a woman who gave birth to a baby who suffered from serious birth injuries. [read post]
16 Sep 2018, 12:40 pm
In response, Lerma submitted proposed findings of fact and conclusions of law, and the court adopted all of Lerma's proposed findings and conclusions without change.Contrary to the express rulings in the record, in finding of fact I, the trial court stated that it had "excluded [Bank of America]'s business records affidavit and attached documentation based on credibility issues" in the affidavit testimony. [read post]
8 Jun 2009, 4:18 am
In a child porn case, nexus was shown by the fact child pornography is kept for a long time, and it would be kept in the defendant's house. [read post]
8 Oct 2014, 7:15 am
Family Court Act §451(1) , which was amended, effective December 22, 2014, provides that an application to modify an order of child support must be accompanied by "an affidavit and other evidentiary material sufficient to establish a prima facie case for the relief requested" in order to entitle the petitioner to a hearing on any material issues of fact. [read post]
11 Aug 2022, 8:04 pm
DOJ's filing a motion to unseal the warrant (but not the affidavit with the sworn facts supporting it) and the receipt for the property taken, copies of which were left at Mar-a-Lago at the time of the search, are unlikely to disclose anything that hasn't already been in the public arena. [read post]
2 Feb 2024, 9:31 am
A Comprehensive Glossary of Minnesota Divorce and Family Law Terms Affidavit: A voluntary, written statement of facts sworn to be true by the person signing it, often used as evidence in court. [read post]
8 Mar 2019, 4:33 pm
As such, the court finds that there are insufficient facts or circumstances to justify continuing the affidavit's seal now that its contents have been widely disseminated.... [read post]
29 Sep 2021, 6:40 am
Any disputed issue of fact will deny the motion and the case goes to the jury to resolve those factual issues. [read post]
10 Sep 2017, 9:16 am
The fact that Gutierrez was on parole, and was monitored, was omitted from the wiretap affidavit. [read post]
