Search for: "Affidavit of Facts"
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12 Jun 2016, 8:37 am
However, where, as here, facts material to the best interest analysis, and the circumstances surrounding such facts, remain in dispute, a custody hearing is required. [read post]
6 Oct 2021, 6:42 am
Defendants-Appellants have not shown that they would be entitled to qualified immunity as a matter of law under Chase’s version of the facts, and thus we cannot consider their claim. [read post]
10 Mar 2013, 2:47 pm
However, in regard to the malpractice allegation against the first defendant, the plaintiff has raised triable issues of fact in regard to the fact that she was unable to note the damage to her tooth until she saw another dentist at a later point in time. [read post]
6 Dec 2023, 6:30 am
As to Petitioner’s argument is that the school district improperly failed to advise her of her right to observe the opening of absentee ballots on the evening of the election, the Commissioner viewed this argument is unavailing as the school district had submitted an affidavit from its district clerk asserting that the public was, in fact, invited to observe the opening and the tallying of absentee ballots on the evening of the election and that “numerous”… [read post]
24 Apr 2014, 6:59 am
But, the Court of Appeals says, the district court got it wrong in "improperly crediting defendants' version of disputed facts regarding whether the brothers bore a significant resemblance to each other. [read post]
10 Mar 2013, 2:47 pm
However, in regard to the malpractice allegation against the first defendant, the plaintiff has raised triable issues of fact in regard to the fact that she was unable to note the damage to her tooth until she saw another dentist at a later point in time. [read post]
30 May 2019, 1:40 pm
"The judgment of District Judge Sue Robinson was affirmed in part but wasreversed on the matter of sham declarations.As to sham declarations/affidavits:The Third Circuit “review[s] a district court’s decisionto exclude materials under the sham affidavit doctrine forabuse of discretion. [read post]
12 May 2013, 6:10 pm
In fact, it is well-settled law that minimal capacity is required to do this. [read post]
2 Sep 2015, 7:03 am
Facts: This case (Preston et al. v. [read post]
22 Sep 2015, 8:29 pm
Weatherspoon responded and submitted an affidavit setting forth the facts she contended formed the basis of her claims. [read post]
22 Sep 2015, 8:29 pm
Weatherspoon responded and submitted an affidavit setting forth the facts she contended formed the basis of her claims. [read post]
16 Aug 2012, 1:24 pm
His affidavit is here. [read post]
11 Nov 2014, 12:10 pm
This case law is discussed in MPEP 715.07 Facts and Documentary Evidence, which summarizes the requirement as: "Each exhibit relied upon should be specifically referred to in the affidavit or declaration, in terms of what it is relied upon to show. [read post]
7 Feb 2010, 8:57 am
LEXIS 27 (February 2, 2010): Here, the only facts contained in the affidavit that suggest exigent circumstances are the location to be searched, a motel room, and the affiant's cursory statement that he is aware of the "possibility of degradation of evidence, particularly blood and biological evidence. [read post]
3 Apr 2011, 6:33 am
Because we accept notice pleadings, and notice motions, as allowable, family court temporary hearings, in which neither side has to provide financial disclosure or affidavits prior to the hearing, are even more terrifying than they should otherwise be. [read post]
9 May 2013, 11:54 am
Defense moved to dismiss the driver's claim, attaching an affidavit of a Jimmy John's employee indicating that the driver was an independent contractor. [read post]
3 May 2014, 4:13 pm
Such proof, in order to be in competent or admissible form, shall consist of affidavits or affirmations. [read post]
15 Jan 2013, 2:35 pm
Finally, the injured complainant's affidavit failed to raise a triable issue of fact as to whether he sustained a serious injury within the meaning of Insurance Law. [read post]
20 Mar 2017, 3:24 pm
The complaint seeking denaturalization--posted here--invokes 8 USC 1451, which does in fact authorize denaturalization under certain circumstances. [read post]
11 May 2014, 3:13 pm
On the other hand, defendant has failed to raise a triable issue of fact as to the 90/180-day claim. [read post]
