Search for: "Affidavit of Facts"
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24 Nov 2020, 6:08 am
The Court of Appeals did a good job in this case of using both the expert’s deposition and affidavit to examine whether any issues of fact existed. [read post]
10 Dec 2011, 3:00 am
The success or non-success of this course of action will depend upon the willingness of opposing counsel to “right” or “remedy” an obvious mistake in fact. [read post]
9 May 2022, 10:00 am
In fact, many probate courts provide forms on their website for the public’s use. [read post]
22 May 2009, 5:18 am
Such a process is unfair to the administrative tribunal and undermines its role as a fact finder in a specialized area of expertise. [read post]
6 Jan 2012, 7:15 am
Franklin, 42 A.C.W.S. (3d) 231, at paras. 19-21). [20] I agree that the portions of the affidavit that are in bold in paras. 6, 7 and 12 constitute personal assumptions, commentary and argument rather than fact. [read post]
27 Sep 2013, 1:46 pm
” Defendants in civil lawsuits are not allowed to “demand strict proof” of facts they know are true, and so the words “demand strict proof” do not belong anywhere in a properly drafted answer. [read post]
3 May 2023, 10:28 am
Prosecutors are not legally obligated to abide by the alleged victim’s wishes in an affidavit of non-prosecution.In fact, prosecutors generally don’t trust ANPs. [read post]
14 Jul 2011, 3:25 pm
Term 2d Dept. 2011) “Plaintiff argues that the “affidavit” of its psychologist, submitted in opposition to defendant’s motion for summary judgment, was sufficient to raise a triable issue of fact. [read post]
24 Nov 2015, 1:30 pm
Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a federal Fair Debt Collection Practices Act (FDCPA) claim premised solely on the allegation that an affiant who swore to have personal knowledge of the facts did not, in fact, possess personal knowledge when he made the affidavit. [read post]
14 Nov 2010, 2:54 pm
Bailey relies upon attorneys to draft the form affidavits in foreclosure cases, fails to understand most of the language in the affidavits she signs, and routinely signs these affidavits without personal knowledge of the facts stated therein. [read post]
23 May 2012, 10:30 am
Also, I want to ensure that opposing counsel does not argue facts outside of what has been presented in the affidavits so I need to review these affidavits before opposing counsel begins arguing. [read post]
6 Oct 2010, 9:15 am
Bank employees testified that they signed affidavits attesting to the truth of various foreclosure documents, but in fact had no personal knowledge of the facts to which they attested. [read post]
30 Sep 2018, 1:59 pm
Facts In In the Matter of the Estate of Thomas James Klein, a father had intentionally left only $10,000 to his son and daughter in his 2001 will. [read post]
9 Oct 2010, 3:00 am
That fact can be VERY important, so do not neglect it! [read post]
31 Jan 2010, 4:12 am
A Joe Friday "just the facts ma'am" kind of affidavit was the subject of the North Carolina Supreme Court's decision at the end of last week in Bird v. [read post]
17 Aug 2012, 2:16 am
Once, the rule was that courts scrutinize whether movant demonstrates prima facie entitlement to summary judgment, and if so, whether opponent demonstrates material questions of fact that continue to require resolution by the trier of fact. [read post]
16 Sep 2009, 5:13 am
Anyone who litigates no-fault claims in New York has probably heard of the Hand affidavits -- those accusatory averments of Lt. [read post]
21 Nov 2015, 2:30 pm
However, that fact that she is lying in a sworn affidavit goes to her credibility and a party’s credibility is always relevant. [read post]
27 Jun 2021, 4:26 pm
Hill’s lawyer moved to unseal the affidavit, asserting he needed to review it to determine whether the affidavit omitted material facts or contained false statements and whether there was probable cause to justify the issuance of the warrant. [read post]
2 Jul 2023, 6:48 am
Affidavit Of Service In An Illinois Divorce Service requires the person who served the party to file an affidavit attesting to the details of the service. [read post]
