Search for: "Affidavit of Facts"
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24 May 2008, 2:11 am
What I do not like is that the law requires a specific statement of the facts supporting the contempt. [read post]
17 Apr 2011, 9:40 pm
By looking at the affidavit in its entirety, and not just this one sentence in isolation, it certainly would have been reasonable for the magistrate, considering all the facts in the affidavit along with reasonable inferences from those facts, to conclude that there was a fair probability that there was methamphetamine at appellee’s home at the time of the issuance of the warrant. [read post]
28 Dec 2010, 9:00 pm
In other words, a movant must show not just that the affidavit contained a false statement of a material fact, but also that it was fraudulent, i.e., that the person making the false statement knew that it was false, that the false statement was made with the intent that the other party would rely on the false statement, and that the other party actually relied on the false statement and was thereby prejudiced. [read post]
15 Jan 2015, 2:24 pm
Before the parties’ divorce decree was issued, the Husband sold a promissory note that he had failed to disclose on his financial affidavit. [read post]
13 Apr 2011, 4:24 am
In fact , the combination of the affidavit and the account ledger is referred to as an , which legally means the defendant so far has not objected to the amount sued for. [read post]
11 Jul 2008, 10:54 am
Based on all the facts before the issuing magistrate, it was reasonable to conclude that the items sought would be found in the place to be searched because nexus was shown. [read post]
10 Dec 2010, 3:59 am
December 6, 2010): The Defendant is correct that the Affidavit in this case does not explicitly reference God in a formal oath, expressly mention penalties of perjury, or directly state that Detective Cain believed the stated facts to be true. [read post]
13 May 2022, 4:53 am
The affidavit also demonstrated negligent representation. [read post]
2 Oct 2018, 3:41 am
Here, the affidavit and statement of facts filed by defendant established that the worker was an independent contractor of CES. [read post]
18 Jun 2021, 3:04 am
Here, the evidentiary material submitted by the defendants in support of their motion, which included, among other things, the motion papers filed in the prior action and excerpts of Lovy’s deposition testimony given in the prior action, was sufficient to demonstrate that the fact as alleged by the plaintiffs—that the defendants knew that certain statements set forth in the Kamisher and Lovy affidavits when submitted in the prior action were false with intent to deceive… [read post]
15 Jan 2015, 7:24 pm
Before the parties’ divorce decree was issued, the Husband sold a promissory note that he had failed to disclose on his financial affidavit. [read post]
5 Nov 2012, 11:32 am
The “Sham Affidavit” rule states that “a party cannot create an issue of fact by an affidavit contradicting his prior deposition testimony. [read post]
28 Mar 2008, 3:04 pm
Someone asked how the case I reviewed in Mother Fails In Using Paternity Affidavit Against "Father" when Seger v. [read post]
14 May 2011, 9:55 am
We conclude that the complete omission from the affidavit of any fact upon which a police office could base a belief that Defendant had violated § 6105 was not a reasonable mistake that would support application of the good faith exception. [read post]
12 May 2011, 6:48 am
Often, an affidavit is a typed document stating facts perceived by a witness and notarized by a notary public. [read post]
28 Jul 2020, 6:18 am
Noting that, by his motion for leave to renew his opposition to the defendants’ motion for summary judgment, the plaintiff’s intention was to add a second affidavit of the same orthopedic surgeon who had provided the original affidavit, along with the affidavit of another physician’s assistant who had not previously offered an opinion in the case. [read post]
4 May 2010, 1:30 pm
"[A]fter-the-fact scrutiny by courts of the sufficiency of an affidavit should not take the form of de novo review. [read post]
17 Jun 2008, 1:02 pm
[False facts with malice would not support qualified immunity.] [read post]
15 May 2011, 12:22 am
A party may prove a fact or facts by means of affidavit before this Court but such affidavit should be in accordance with Order XI, Rules 5 and 13 of the Supreme Court Rules. [read post]
13 Apr 2012, 3:09 pm
Lastly, and perhaps most importantly, the affidavit omits material evidence, as well as misstates a known fact. [read post]
