Search for: "Affidavit of Facts"
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9 Sep 2010, 5:44 am
The nine-month-old information about defendant having 40,000 pills and $900,000 in cash in his house was not stale, despite the fact there were no facts of anything from then until the warrant issued. [read post]
31 Jan 2012, 5:10 pm
Dorothy Stewart Batiuk 1996 CanLII 2097 (BC SC) Batiuk is a case that is as fascinating for its facts, and the attempts by both sides to prove those facts, as it is for its holding. [read post]
30 Apr 2007, 9:58 pm
SOURCE: Crone & Mason Affidavit. [read post]
13 Oct 2011, 1:33 am
This motion must be accompanied by an affidavit setting forth what discovery is necessary and why it is necessary. [read post]
27 Oct 2015, 6:21 am
Search warrant and affidavits (PDF) here. [read post]
16 Apr 2008, 10:00 am
(The foreperson later signed an affidavit claiming other jurors had coerced his decision.)Figueroa claimed that the judge failed to follow proper procedures because the court responded to the note in Figueroa’s absence. [read post]
9 Oct 2008, 11:28 am
The "four corners" rule of an affidavit for a search warrant does not apply to a citation for arrest. [read post]
23 Mar 2014, 6:58 pm
Evidently, there are issues of fact as to due execution. [read post]
10 Dec 2007, 12:42 pm
The court emphasized that his allegations were unrebutted by any facts put forward by the Government. [read post]
9 Jun 2008, 3:38 pm
A third party may, but need not, require the attorney in fact to execute an affidavit. [read post]
22 Apr 2013, 12:50 pm
To get one, a federal agent, with (Lord help us, hopefully) a federal prosecutor assisting, drafts an affidavit explaining the facts supplying probable cause for the federal charges sought. [read post]
13 Oct 2010, 11:24 pm
" What some banks have done might well be fraud--but the fact of that fraud doesn't erase the other fact that the borrower agreed to make payments or face the penalty of losing her home. [read post]
27 Apr 2007, 11:45 am
In fact, the officer's right to make an arrest necessarily includes the right to use some degree of force. [read post]
3 Feb 2016, 7:46 am
” Observing that on summary judgment a court may not conduct this type of fact-intensive inquiry but must determine only whether there is a genuine issue of material fact, the court here determined that regardless of what knowledge was required, there was a fact issue as to whether “it was not a secret” that the employee worked through his lunch breaks. [read post]
29 Dec 2008, 12:38 am
If the taxpayer has witnesses that would testify on their behalf, those witnesses could provide affidavits attesting to the truth of the taxpayer's position. [read post]
21 Jul 2010, 5:24 am
The appeals court said a reasonable person wouldn't take the spoof of the professor as statements of fact or believe publishing the statement was a crime. [read post]
10 Mar 2010, 7:40 pm
Second, the court rejected the debtor's argument "that conflicts as to the monies owed the bank contained in the bank’s verified complaint, loan statements and affidavits filed in support of its motion for summary judgment create a genuine issue of material fact....At no time have the borrowers offered a contrary calculation of the monies owed; they merely contend, by way of an affidavit in opposition to the bank’s motion for summary judgment,… [read post]
4 Oct 2012, 4:16 pm
As a rule, an expert's affidavit containing only conclusory allegations and assuming facts not supported by the evidence is not entitled to consideration. [read post]
15 Jul 2010, 10:09 am
., A-1286-09T3, July 15, 2010: Rule 1:6-6 provides: If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and which may have annexed thereto certified copies of all papers or parts thereof referred to therein. [read post]
27 Mar 2009, 4:25 pm
In addition, plaintiff's reply brief is stricken for failure to recite authority or contain recitation to the record; and for making statements of fact outside of, and inconsistent with, the record. [read post]
