Search for: "Affidavit of Facts" Results 521 - 540 of 9,042
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21 Apr 2017, 7:03 pm by Andrew Delaney
Cassani’s affidavit failed to establish a genuine issue of material fact. [read post]
19 Dec 2009, 6:36 am
" In Leon, for example, one of the defendants argued that "no reasonably well trained police officer could have believed that there existed probable cause to search his house," because "the affidavit included no facts indicating the basis for the informants' statements concerning [the defendant's] criminal activities and was devoid of information establishing the informants' reliability. [read post]
6 Jun 2012, 7:34 am by Jeralyn
His grounds would have included the affiants' intentional omission of material facts from the affidavit, which had they been included, would have defeated probable cause. [read post]
16 Aug 2012, 11:51 am
Nor do I find that the warrant was based on an affidavit so lacking in facts amounting to "probable cause as to render official belief in its existence entirely unreasonable. [read post]
9 May 2014, 5:32 pm by Brian Shiffrin
Penaflorida, which reviews the requirements of an oath:An affidavit consists of several formal parts, the title, the venue, the formal opening, the signature of the affiant, and the jurat, as well as the statement of facts to be sworn to. [read post]
3 Jul 2019, 12:47 pm by Riccardo Petersen (ZA)
His affidavit opposing summary judgment did not contain such facts and the court was only informed by his counsel in court that the immovable property was Rwaxa’s primary residence. [read post]
30 Dec 2015, 1:21 pm by Orin Kerr
Molina, 325 F.3d at 971 (rejecting argument that officer should have discussed in the search warrant affidavit the fact that field tests were unreliable; plaintiffs presented no evidence that officer had reason to know that field tests were unreliable when he applied for the warrant). [read post]
12 Aug 2022, 3:19 am by Andrew Lavoott Bluestone
The amended complaint and the affidavits sufficiently allege proximate cause. [read post]
6 Jun 2012, 4:51 am by Ray Garcia
Secondly, we have prepared a check-list of what to look for when trying to determine if an assignment or affidavit is fraudulent. [read post]
9 Mar 2010, 9:38 am by Clement Law Center
The motion has to be supported by at least one affidavit from someone having personal knowledge of facts which would indicate that such an evaluation is needed.For example, if one parent has observed the other parent acting or talking in a bizarre or dangerous manner, an affidavit can be prepared to support a motion for a Rule 35 Mental Evaluation of the other parent. [read post]
28 Feb 2014, 6:13 pm
Therefore where the circumstances are presented from which the trier of facts could draw an unfavorable inference of undue influence an explanation is required. [read post]
21 Jul 2016, 2:20 pm by Law Offices of Jeffrey S. Glassman
Often, the denial stems from not being prepared – with the proper medical paperwork, affidavits, diagnosis, testing, etc. [read post]
8 Jul 2009, 1:52 pm by Steven
The first issue that is addressed in a §1A divorce is whether the marriage has in fact broken down with no chance of reconciliation. [read post]
16 Jul 2010, 5:38 am
Also, the affidavit for the search warrant did not omit any material facts to the finding of probable cause. [read post]
14 Jan 2011, 9:17 am
Back on July 6, 2010, we blogged here about the dismissal by a Denver, Colorado District Court Judge of serious felony charges against a defendant based on the fact that a Denver police officer apparently lied in an arrest warrant affidavit. [read post]
6 Dec 2013, 10:13 am by John Day
 On the issue of whether the plaintiff had followed safety protocols, the competing affidavits created an issue of fact and had to be viewed in the light most favorable to the non-moving party. [read post]
2 Apr 2012, 6:00 am by Wystan M. Ackerman
Some plaintiffs’ lawyers have suggested that when a defendant removes a case under the Class Action Fairness Act, it must submit evidence (such as affidavits) with the notice of removal establishing the amount in controversy and other facts pertinent to removal. [read post]
28 Jun 2016, 1:56 pm by Bob Farb
Or perhaps other incriminating facts, aside from the informant’s information, might still establish probable cause. [read post]
28 Jun 2016, 1:56 pm by Bob Farb
Or perhaps other incriminating facts, aside from the informant’s information, might still establish probable cause. [read post]