Search for: "Affidavit of Facts"
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10 Feb 2009, 9:20 am
Doing his job to "help elevate the profession" a New York based settlement planner having been duly sworn and deposed recently said: " A traditional structured settlement is the only mechanism that prevents a minor from cashing in on the entire settlement upon reaching age of majority" according to the sworn Structured Broker's Affidavit obtained by this author that was submitted to a New York judge for the purpose of obtaining approval of a… [read post]
23 Mar 2014, 12:52 pm
The objective facts in the record pointed to one conclusion only: Darin did not [read post]
30 Oct 2010, 1:41 pm
I suspect that most often, the banks are right about the facts of the debt and the named borrower does owe the money (to someone, but that’s another issue); but our judicial system is set up to test the truth of the claims that seek its assistance in enforcing their rights. [read post]
21 Jul 2010, 3:19 pm
The court concluded that the relevant portions of the affidavits stated legal conclusions, and were not admissible: 4. . . . [read post]
2 Feb 2011, 8:13 am
” The court denied Dealer Services’ motion stating, At least one district court has held that the requirements of Federal Rule of Civil Procedure 56—that an affidavit supporting summary judgment be “made on personal knowledge” and “set out facts that would be admissible in evidence”—do not apply in motions to vacate arbitration awards. [read post]
7 Sep 2022, 7:47 am
This is especially so in light of the particular facts of the document storage at Mar-a-Lago, where “documents marked as classified were stored haphazardly, mixed with everyday items. [read post]
2 May 2016, 5:10 pm
Facts of the Case In Bayless v. [read post]
28 Jul 2018, 5:04 pm
Facts: Among other offenses, Boyd (FPD client) and Sleugh (CJA client) were charged with murder. [read post]
9 Sep 2009, 12:04 pm
The court determined that a sufficiently detailed affidavit and one corporate filing listing additional directors created a genuine issue of material fact as to the size and membership of the board. [read post]
16 Nov 2018, 6:45 am
" When a summary judgment affidavit is executed after a witness's deposition and there is a clear contradiction on a material point without an explanation for the change, the affidavit merely creates a sham fact issue. [read post]
16 Aug 2013, 6:30 am
Similarly, one can prepare to corroborate disputed facts in the affidavit one’s client submitted at the temporary hearing or have the client ready to testify as to why his or her affidavit was partially inaccurate. [read post]
16 May 2024, 3:16 pm
Attorney’s staff and am glad they ultimately obtained all the actual facts,” he said. [read post]
18 Apr 2014, 5:48 am
Finally, if the allegedly false statements are excluded -- or the omitted facts are included -- and the affidavit still supports a finding of probable cause, no hearing is required. [read post]
19 Oct 2007, 2:05 pm
Commonwealth, 846 S.W.2d 684, 688-9 (Ky. 1992) (judicial officers must issue or deny warrants solely on facts within four corners of affidavit). [read post]
11 Dec 2009, 6:00 am
Practice pointer: Unsworn or factually unsupported affidavits will not suffice to raise a triable issue of fact in opposition to a motion for summary judgment. [read post]
2 Jun 2015, 6:08 pm
If someone actually doubts the authenticity, they’ll ask for it.(2) this is mostly a fact-based apellate brief, so do you recommend I just stick to arguing the facts and attach exhibits, or should I also reference any cases regarding ineffective assistance of counsel or something mirroring my set of facts (if such a case exists). [read post]
3 Apr 2011, 9:38 pm
See id. at 378 (finding no legitimate expectation of privacy where defendant failed to put forth in a sworn affidavit any facts indicating a possessory interest). [read post]
8 Oct 2008, 12:19 pm
LEXIS 124 (October 3, 2008): Another corollary of the Franks doctrine is that the motion and hearing judges will inspect an affidavit not only for positive misstatements but also for material omissions of fact. [read post]
31 Mar 2014, 5:05 am
The judge cited the eyewitness' contradictory testimony, plus the fact his deposition was a photocopy submitted to the court rather than the original. [read post]
21 Oct 2009, 1:18 pm
Plaintiff based its motion to amend on the assertion that one of the patent-in-issue's inventors submitted an affidavit to the PTO containing a misrepresentation regarding the affiant's review of the related application. [read post]
