Search for: "Affidavit of Facts"
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16 Jul 2018, 7:13 am
The Facts of the Case The defendants claimed that the woman had retained her attorney before July 29, 2016 because her attorney had signed a medical authorization form for the woman on December 16, 2014. [read post]
22 May 2012, 5:31 am
Where the arrest reports show defendant consented to a search, the defendant must file an affidavit in opposition to get a hearing to show a disputed fact. [read post]
25 Jan 2012, 7:31 am
That affidavit, which is now part of any well drafted will, allows testators to avoid the consequences in Mason v. [read post]
10 Jul 2008, 1:00 pm
The affidavit requires a party to show facts sufficient to state the defendant is not in the military. [read post]
8 Oct 2013, 2:34 pm
As the Court of Appeals has stated, "suppression motions must be in writing, state the legal grounds of the motion and 'contain sworn allegations of fact,' made by defendant or 'another person' " (People v. [read post]
3 May 2018, 9:13 am
The only information in the affidavit linking Lewis to 7085 Laurinburg Road is the fact that officers arrested Lewis at that location. [read post]
6 Feb 2011, 9:02 pm
However, where the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less significant. [read post]
25 May 2018, 2:52 pm
Without such training or experience, a purported expert’s affidavit may not be sufficient to create an issue of material fact sufficient […] [read post]
15 Jul 2009, 5:57 am
Both sides are looking at facts. [read post]
18 Apr 2013, 7:34 am
., describing the house and the fact that the house had the name "Rose" over the doorbell. [read post]
4 Dec 2013, 8:00 am
Also, the affidavit does not become prima facie evidence of the facts contained in it until it has been on record for five years. [read post]
7 May 2008, 6:26 am
The defendant succeeding in making his "substantial preliminary showing" under Franks that the officer omitted significant facts from the affidavit that undermined the probable cause because of an apparently illegal entry into the curtilage to gain the information that made it into the application for the search warrant. [read post]
2 Sep 2018, 3:55 am
To get a search warrant for home surveillance equipment, the affidavit for the warrant has to show some inference or fact that there is, in fact, one to be found there. [read post]
2 Sep 2018, 3:55 am
To get a search warrant for home surveillance equipment, the affidavit for the warrant has to show some inference or fact that there is, in fact, one to be found there. [read post]
26 Nov 2012, 2:19 pm
Well, this plaintiff, at least in the eyes of the court, made particular allegations, claiming that the distributor – Premier – knew certain facts that supported plaintiff’s defect theory: A. [read post]
27 Jul 2017, 7:38 am
"With the burden of establishing improper venue on the defendant, the plaintiff is under no obligation to plead specific facts supporting venue in the complaint. . . . [read post]
3 Apr 2016, 2:34 pm
She considered whether a lower standard should be applied in making findings of fact if the trial proceeded summarily based on affidavit evidence in a wills variation case than if the trial was a conventional trial based on oral testimony. [read post]
18 Aug 2020, 4:35 am
R. 216(g) Imagine, receiving a stack of discovery requests, a blank financial affidavit, 128 interrogatory questions, a Notice To Produce, 3rd party subpoena notices, a deposition request and (tucked between all those documents) a Request For Admission of Fact Or Genuineness Of Documents. [read post]
1 Oct 2014, 6:01 am
Here: Brief in Support of First Motion (July 2014) Statement of Undisputed Facts (First Motion) Due Process Motion (Second PSJ) Due Process Undisputed Facts Exhibit 1 (Hearing Transcripts) 502 pp Exhibit 2 (Custody Orders) 113 pp. [read post]
11 Aug 2013, 11:11 am
The devil’s in the details (or lack thereof), when law enforcement cuts and pastes facts into search warrant affidavits. [read post]
