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4 Sep 2013, 7:31 pm
The dates of the proffered instrument and the self-proving affidavit are not the same, the will being dated December 21st and the affidavit December 19th, and the latter has a gender error referring to the decedent as "she" and/or "her." [read post]
6 Oct 2014, 7:22 pm
However, if the defendant does not attach an affidavit, the allegations may be deemed admitted. [read post]
27 Aug 2014, 9:00 am
In her affidavit, have her state she is innocent, and have her deny the charges with particularity. [read post]
16 Apr 2019, 10:00 pm
According to the Affidavit of Non-Service, the occupant of the last known address stated that the Defendant had relocated to Virginia. [read post]
20 Mar 2019, 5:00 am
According to the Affidavit of Non-Service, the occupant of the last known address for the Defendant stated that the Defendant had relocated to Virginia. [read post]
4 Apr 2024, 7:03 am
Moving to the August affidavit, the court reached the same conclusion, and noted that the August affidavit contained an additional attestation regarding the officer’s training and experience related to sex crimes. [read post]
10 Jul 2020, 10:21 am
The affidavit indicated that the deteriorating sidewalk paint was hazardous, especially when it became wet. [read post]
29 Oct 2016, 8:49 am
Also, we disapprove of counsel’s accusation that the State has “stoop[ed]” to “desperate measures … to attempt to demonstrate the reliability and credibility of the confidential informant” mentioned in the affidavit and has “either played word games with this court or simply fabricated facts in its efforts to make an argument. [read post]
20 Sep 2018, 3:52 am
” While defendant asserted that even the pathologist’s affidavit failed to raise an issue of fact, the Court of Appeals disagreed, finding: “Plaintiffs were not required to produce an expert witness who specialized in ‘toxicology’ or whose practice regular[ly] involves the treatment of live patients. [read post]
8 Sep 2013, 7:29 pm
In this case, the affidavit and deposition testimony of the respective attesting witnesses, as well as the affidavit of the decedent's accountant, who was also present at the time of the execution of the codicil, prima facie establish due execution of the codicil. [read post]
12 Sep 2013, 2:00 pm
Summary judgment is predicated on an absence of disputes of material facts after a full opportunity for relevant discovery, which is why summary judgment motions are due after expert discovery closes and Rule 56(d) provides a mechanism for further discovery under special circumstances. [read post]
29 Sep 2010, 12:12 pm
The affidavit also states that Mr. [read post]
15 Sep 2010, 3:05 am
A specific date from the CI was not provided to the officer and put into the affidavit for the search warrant, but reading the affidavit as whole, the affidavit was not stale. [read post]
4 May 2014, 2:20 pm
The affidavit presented to the District Court in this case sufficiently meets this standard. [read post]
18 May 2020, 9:48 am
In recent affidavits, the jurors stated there was not unanimous support of Barton’s guilt when deliberations began. 5. [read post]
3 Jul 2008, 1:26 am
These issues of fact cannot be resolved on summary judgment. [read post]
12 Mar 2020, 6:12 am
” The following month, plaintiff filed a motion to alter or amend the order, supported by an affidavit from a different expert who was a pathologist. [read post]
25 Feb 2016, 2:39 pm
Moreover, the panel confirmed: When a deponent’s post-deposition affidavit conflicts with his prior testimony [without explanation], a district court may disregard the affidavit to prevent a party from creating a material issue of fact to defeat summary judgment . . . . [read post]
12 Mar 2009, 5:50 am
Forge a letter and an affidavit from a doctor and have your lawyers present it to the judge. [read post]
25 Oct 2014, 12:25 pm
In support of his motion the appellant father submitted an affidavit in which he controverted the version of the facts presented in the documents introduced by ACS. [read post]
