Search for: "Affidavit of Facts"
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8 Aug 2014, 3:38 pm
"The criticism of the Aguilar affidavit is equally applicable to the instant affidavit. [read post]
26 Jun 2018, 3:00 am
Illinois Supreme Court Rule 191(a) requires that depositions used for the purpose of an affidavit “shall not consist of conclusions, but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto. [read post]
28 Aug 2012, 9:02 pm
The questions of fact were created by a thoughtful affidavit of an expert witness, here an expert in bankruptcy law.Again, many legal malpractice cases are lost because the plaintiff did not obtain an expert witness. [read post]
9 Mar 2016, 8:23 am
”) The appeals court found that the contract and statutory duty theories were unrelated to anything contained in the affidavits, a fact that Yepes did not contradict. [read post]
5 Sep 2021, 11:38 pm
Whether there has been ‘substantial compliance’ with the regulations is a matter of fact. [read post]
28 Jan 2011, 9:25 am
Some purely legal disputes don’t require this reporter’s record, but anything that involves disputes over facts invariably does. [read post]
22 Oct 2010, 9:36 am
In other words, anything inadmissible in evidence, e.g., irrelevant facts or hearsay matters would not be taken in as evidence, even though stated on affidavit. [read post]
28 Apr 2011, 6:54 am
Introducing a legal rule that upset this practice would defeat the object of the Supreme Court Civil Rules to secure the just, speedy and inexpensive determination of every proceeding on its merits including conducting the proceeding in ways proportionate to the amount involved in the proceeding, the importance of the issues in dispute and the complexity of the proceeding. [18] Equally, the fact that the affidavit contains some evidence on information and belief provided to the… [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]
23 Oct 2017, 11:14 am
They arise from a variety of fact patterns, including the administration of too much or too little of an anesthetic, a delay in delivering anesthesia, or a failure to provide proper instructions to a patient before administering anesthesia. [read post]
25 Jan 2012, 3:40 am
McLean's affidavit said next to nothing about controlled substances, and what scant mention it did make was unsupported by facts. [read post]
28 May 2009, 1:56 pm
This new law, also known as the "partition fence law" refers in several places to affidavits (formal, sworn statements of fact) that certain rural landowners must file in order to establish certain legal rights provided by the legislation. [read post]
19 May 2009, 9:11 pm
Accompanied by sworn affidavits and often discovery responses, a Rule 56 motion tries to show that there is no real dispute about key facts and that the movant is entitled to judgment under the law. [read post]
13 Aug 2009, 9:20 pm
Accompanied by sworn affidavits, and most often discovery responses, a Rule 56 motion tries to show that there is no real dispute about key facts and that the movant is entitled to judgment under the law. [read post]
19 Jan 2017, 10:17 am
These questions of justification are fact-intensive. [read post]
6 May 2011, 7:29 am
Useful reasons for judgement were released this week by the BC Supreme Court, Kelowna Registry, illustrating this fact. [read post]
17 Jun 2015, 10:51 pm
If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order. [read post]
12 May 2010, 7:29 am
May 8, 2009): Generally, in determining the sufficiency of the search warrant affidavit, the Court is "concerned only with the statements of fact contained in the affidavit. [read post]
16 Jul 2007, 5:49 am
Eng's affidavit in support of the search warrant related each of these facts to Judge Turnbull, and we conclude that the affidavit was sufficient to establish probable cause for the issuance of the search warrant. [read post]
16 Dec 2019, 9:46 am
It is not uncommon in criminal cases for the affidavit for an arrest warrant to contain facts and allegations the State is ultimately unable to prove at trial. [read post]
