Search for: "Affidavit of Facts"
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11 Aug 2019, 4:00 am
So, what happens if your lawyer submits an incomplete affidavit in a fatal car accident case? [read post]
12 Jan 2016, 10:03 am
The search warrant’s affidavit alleged the following facts. [read post]
20 Sep 2016, 8:09 am
It is taken literally verbatim from the affidavit of — I think it is — Dr. [read post]
8 Apr 2013, 6:12 am
Hager also argued that “Litzinger's affidavit did not establish probable cause to search for the Mueller images or the metadata because the affidavit did not establish how recovery of the Mueller images or the metadata would aid in the prosecution of Mueller. [read post]
23 Mar 2011, 9:34 am
Affidavits by attorneys of facts not based on their personal knowledge but related to them by and within the primary knowledge of their clients constitute objectionable hearsay. [read post]
4 Nov 2021, 3:00 am
These affidavits provide petitioners with the opportunity to add facts, or to clarify facts, that were contained in the original petition. [read post]
14 Feb 2007, 10:41 am
The defendant supported his Franks motion with affidavits of his relatives that he did not sell drugs, and the affidavits were suspect at best. [read post]
14 Feb 2020, 12:08 pm
However, the plaintiff did not explain how he learned of the fact that the non-deliverymen employees were underpaid. [read post]
1 Jan 2009, 9:01 pm
For example, a lawyer may not knowingly present an affidavit in which Party A testifies to Fact X unless Party A has first-hand knowledge of Fact X; if Party A merely heard from Party B that Fact X occurred, the affidavit must so state. [read post]
17 Jul 2010, 6:08 am
The officer stated something as a fact when it was his deduction. [read post]
28 Dec 2015, 5:00 am
In opposition to defendant's prima facie showing, plaintiff failed to demonstrate the existence of a triable issue of fact. [read post]
28 Dec 2009, 8:39 pm
The Applicant argued that the Examiner was required to submit a reference or a personal affidavit to establish facts within personal knowledge. [read post]
20 Jul 2009, 5:28 am
(A-2208-08T2; Decided July 15, 2009): Picture by Mai Le Rule 1:6-6 requires facts not appearing of record or not judicially noticeable to be submitted to the court by affidavits [or certifications] “made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is confident to testify. [read post]
10 Apr 2008, 4:41 pm
Summary judgment denied over forced physical examinations of plaintiffs' children because of a fact dispute over whether they actually or impliedly consented. [read post]
11 Jul 2009, 8:06 am
An affidavit is a legal paper that spells out certain facts and swears they are true. [read post]
13 Apr 2012, 7:20 am
That is, may the prosecutor ethically omit facts inconvenient to, or even contrary to, the prosecutor's theory? [read post]
22 Jun 2019, 5:32 am
According to Massachusetts’ dram shop act, a plaintiff asserting a claim under the statute must provide within 90 days of filing the complaint an affidavit that lists enough facts to raise a legitimate question regarding the liability of the defendant. [read post]
16 Aug 2011, 6:05 am
Reliance on a warrant affidavit that omits a fact critical to any reasonable belief in the existence of probable cause is the sort of thing we can expect the exclusionary rule to deter: all an investigator must do to avoid exclusion is comply with the well-known duty to spell out the complete factual basis for a finding of probable cause within the affidavit's four corners. [read post]
11 May 2019, 11:47 am
Taking Houle's affidavit as true, and indulging every reasonable inference and resolving any doubts in his favor, we conclude that Houle failed to satisfy his burden of presenting evidence that raises a genuine issue of material fact. [read post]
11 May 2017, 3:16 pm
Tr. 21-22; Affidavit ¶¶ 4, Specifically,... [read post]