Sentences with phrase «affidavit material filed»

Case # 1: «The affidavit material filed in support of and opposition to the application contained hearsay, double - hearsay, statements without attribution or that could not be in the affiant's personal knowledge, argument, speculation and other statements of dubious admissibility.

The affidavit materials filed with the court read like a mini-series entitled «In Pursuit of a Fraudster.»

Not exact matches

On a motion for Court approval of a proposed settlement the child's lawyer must file an affidavit of the litigation guardian setting out the material facts and the reasons supporting the proposed settlement and the position of the litigation guardian in respect of the settlement.

The judge who granted the production order also made a sealing order regarding all production order material, including the supporting affidavit filed by the police officer.

The next major step in this case will be the filing of affidavit material by the plaintiff in support of a motion to have this case certified as a class action.

Materials that must be filed with the Court include an affidavit from the Litigation Guardian, an affidavit from the lawyer, the proposed minutes of settlement and the written consent of a minor if over 16 years of age.

The material filed on this motion consisted of 15 expert reports, affidavits of various fact and expert witnesses, and transcripts of cross-examinations of the witnesses.

The complainant refused to allow the son to see D.P. Defence lawyer Joseph Neuberger was hired and obtained all of the family court documents and used the filed affidavits by the complainant to establish material inconsistencies between her statement to police and the family court filings.

This form of litigation attack is made by way of affidavit and is often merely a tactic by a wealthy litigant to harass the other, as it must be met, or to insert into the Court file material prejudicial to the other litigant and not necessarily lost on the eventual trial judge, who may wish to peruse the Court file before the hearing.

Rather than file responding material, the plaintiff simply relied on the affidavit evidence put forward by the defendant and argued that the limitation period for his claim started when he received an expert medical report,... Read More

The rules mandate disclosure of all material from the police investigative file in order that its contents may be compared to the information underpinning an affiant's reasonable grounds for belief (and investigative necessity in wiretap cases) as set out in an affidavit or information to obtain.

Not having complete materials when arguing before a different judge on whether the defence was required to file an affidavit from the accused in what is known as a section 276 application, where a judge decides if the defence can cross-examine the complainant on prior sexual history.

When I consider proportionality in the context of the means of the parties, I must seriously question whether the motions brought forward in this case required the filing of lengthy facta, casebooks, and affidavits of the length and detail contained in these motion materials.

A more pertinent example would be the scarcity of affidavit evidence before the court demonstrating that there is local business and community support for the movement to offset similar materials filed by the City (at midnight the day before the hearing) from neighbours complaining about the situation.

Learned senior counsel submits that though the learned arbitrator has placed reliance on proceedings under Section 9 filed in this Court, he has however ignored the crucial and material piece of evidence which was on record of that proceeding i.e the uncontested statement of Mr Ajith Menon on oath that is paragraph 4 of his affidavit dated 23/7/09 asserting that Mr Prasantha Dissanayake had telephonically confirmed in July 2009 that the claimants were pressurizing him to execute a letter falsely claiming that he had not executed the agreement dated 1/6/07.

While the preamble in the order does not refer to the affidavit, the draft order was prepared by the moving party's lawyer before she was aware that any responding materials would be filed.