Sentences with phrase «by affidavit»

In most states, this involves filing a motion, and a motion must be supported by an affidavit.

The medical bills and records have to be verified by affidavit from each one of your doctors.

The first was a summary trial and the second was an application for an interim order, meaning that the evidence in both was presented exclusively by affidavit.

A trial was scheduled to be heard six months after the proceedings were commenced, with evidence in chief to be submitted by affidavit.

An injunction had been granted for disclosure of customer lists taken by a former director to be verified by affidavit.

Under Colorado law, and application for an instruction permit or minor's driver's license must be accompanied by an affidavit of liability.

AFFIDAVIT EVIDENCE AT UNCONTESTED TRIAL (22) At an uncontested trial, evidence by affidavit in Form 14A or Form 23C and, if applicable, Form 35.1 may be used without an order under subrule (20), unless the court directs that oral evidence must be given.

This evidence can be provided by affidavits or by them appearing in court.

Gov. Andrew Cuomo has agreed to issue an executive order that will allow residents displace by superstorm Sandy to cast ballots by affidavit at any polling site in the state.

(b) Upon such information and belief, a parenting coordinator shall immediately inform the court by affidavit or verified report and serve a copy on each party of an emergency in which a party obtains a final order or injunction of protection against domestic violence or is arrested for an act of domestic violence as provided under chapter 741.

At a press conference late Monday, Cuomo announced that he would allow voters in affected areas to cast ballots by affidavit for president and statewide races at any polling place in the state.

Tribunal members would have the ability to shape the hearing process in a manner that is proportionate to the importance and complexity of the issues, which might include: limiting the number of witnesses; limiting examinations in chief by, for example, requiring that all or some evidence be given by affidavit; allowing hearsay from identified sources; admitting unsworn material such as letters and emails into evidence; and, requiring that argument be provided partially or entirely in writing.

Some need to be corrected by affidavit from the collector or technician who committed the error, or the test must be cancelled, per § 40.203 and § 40.269.

CNN reports that the request was confirmed by an affidavit filed today by Supreme Court Chief Justice John Roberts» court counselor.

He said he had voted in 2006 by affidavit because he had moved to a new address, but there was no record of that at the Onondaga County Board of Elections.

I witnessed many of my grassroots organizers and colleagues, people incredibly engaged in the campaign process, not able to vote or forced to vote by affidavit, only to find out later in the mail their vote wasn't counted.

Have submitted proof of good moral character by affidavits of at least two reputable persons (other than immediate family) attesting thereto.

● The wife issued a judgment summons supported by an affidavit deposing to the default.

The firm handles all aspects of Minnesota estate administration; including: probate, collection of debts and assets, transfers by affidavit, notice to creditors and beneficiaries, inventories, distributions, and all other aspects probating the estate.

Perhaps the most significant proposed change would allow for parties to submit trial testimony by affidavit rather than holding depositions.

The buyer is protected by (1) the contractual promise of the seller to deliver title in the purchase and sale contract (giving rise to a lawsuit if breached, e.g. requiring disgorgement of any additional profit made in the other transaction), (2) by a warranty of title in the deed provided at closing, (3) by the title company's insurance if the warranty deed is not valid, and (4) by an affidavit saying that the seller didn't do that provided at closing.

Before the trial judge, O'Hara's attorney stated by affidavit and testimony (based upon such time records as he had kept) that he had expended about 183 1/2 hours on the case.

Application to Commence Proceedings by Affidavit and Decision by Social Worker (Welf.

HHJ Simpkiss in Brighton held categorically that they were family proceedings in the magistrates» courts (perhaps wrongly, at the time, and as things have turned out); but on the filing of an application in the county court, which must be preceded in family proceedings, by an affidavit under Pt VII, the proceedings changed to civil proceedings.

Then, just before trial, if the adverse party will not agree that the records are admissible under the business - record rule (FRE 803 (6)-RRB- or the other pertinent rule under which the documents were produced, a motion can be filed with the trial judge under FRE 104 (a) supported by an affidavit asking that the trial court rule in advance that the documents so produced are authentic and are exceptions to the hearsay rule under the exception you set forth in your requests for production.

Based on the foregoing, you can ask a judge to determine the admissibility of trial document exhibits in advance of trial and can substantiate their admissibility by affidavit.

For instance, if you have hundreds of photographs that you wish to show at trial by PowerPoint, you can have them authenticated by affidavit and ruled admissible before trial.

[33] This conclusion is reinforced by the affidavit evidence of the adjuster on this central issue — evidence that the Master in the Reasons accurately described as «not particularly persuasive».

(b) documents filed in courts shall be in the English language or shall be accompanied by a translation of the document into the English language certified by affidavit of the translator.

-- He ordered a two - day hybrid hearing, meaning evidence - in - chief would be delivered by affidavit (relying on the affidavits already filed), with time - limited cross-examinations to take place during the trial.

The plaintiff submitted that there was no genuine issue requiring a trial as all of the evidence has been «adduced by affidavit, tested under cross-examination, and bolstered by completed undertakings».

The judge also warned counsel that his attempt to have a witness testify by affidavit due to health issues could be viewed as an attempt to cause delay which could result in an order for costs against him personally.

The availability of comparable employment opportunities is a controversial issue between the parties, unresolved by affidavit evidence or by cross-examination.

454 (1) If a court convicts a person for a contravention of a by - law of the City or of a local board of the City without proof of the by - law, another court hearing a motion to quash the conviction may dispense with such proof or may permit the by - law to be proved by affidavit or in such other manner as it considers appropriate.

The customer lists produced had been manipulated to cover up the defendants» wrongful conduct and the verification by affidavit was deliberately false.

The trial judge continued that any future changes, other than the applicant / wife's income improvement as noted in the trial and clarified by affidavit evidence, can not be a part of this court's decision as the evidence was not tested in the trial.

The plaintiff in its motion, which is not supported by any affidavit material setting out its motive, seeks leave to send the transcripts of the examinations for discovery to the police in order that an investigation can be carried out, and presumably charges laid, if there are reasonable and probable grounds to believe that an offence has been committed.

The Rules and Regulations are predicated on the assumption that attorneys can evaluate CLE activities offered based on the guidelines and report their activities by affidavit.

The amended forms include trust and estate forms such as JDF 999, «Collection of Personal Property by Affidavit,» and writ of garnishment forms such as C.R.C.P. Form 26, «Writ of Continuing Garnishment.»

The court may order that: the parties deliver a concise summary of their opening statement; the parties deliver a written summary of the anticipated evidence of a witness; any oral examination of a witness at trial will be subject to a time limit or; the evidence of a witness be given in whole or in part by affidavit.

the amended application is accompanied by an affidavit sworn by the new applicant stating that the new applicant is authorised by the other persons in the native title claim group to deal with matters arising in relation to the application and stating the basis on which the new applicant is so authorised (see ss64 (5) and 190C (4)-RRB-[of the NTA].

Uncontested divorces are step - by - step processes driven by affidavits and forms.