Sentences with phrase «evidence by affidavit»

(b) receive further evidence by affidavit, transcript of oral examination, oral examination before the court or in such other manner as the court directs; and

DIRECTION, EVIDENCE BY AFFIDAVIT (20.1) A direction made at a conference that the evidence of a witness be given by affidavit shall be followed at trial unless the trial judge orders otherwise.

Not exact matches

The affidavits entered into evidence identified franchises only by number (e.g. Team 1) and not by ownership nor team name.

mama k Chad seems to think that a story that mentions «eyewitnesses» is as solid a piece of evidence as an affidavit by an eyewitness who remains available for further questioning.

The Judge had said that he was baffled with the claim of any further investigation of Dasuki by DSS because the same DSS had filed before the court affidavit evidence that they have completed investigations on Dasuki and ready for his trial.

Among other things, Fitzpatrick is looking for evidence of alleged wrongdoing connected with what he called «phony affidavits» filed in the lawsuit by two city councilors who are friendly with Miner.

The grant of the permission followed the affidavit evidence filed by the Federal Government that investigations into the alleged possession of firearms and money laundering have been fully completed.

The permission was granted following the affidavit evidence filed by the Federal Government that investigations into the alleged possession of firearms and money laundering have been fully completed.

He tells us that for five years from 1903, the claims of Wilbur and Orville Wright to have flown a machine that was heavier than air were derided and dismissed by Scientific American, in spite of «scores of public demonstrations, affidavits from local dignitaries, and photographs...» Apparently, what the Wrights had done was considered scientifically impossible and so all their evidence was ridiculed.

Or, by stating in the affidavit: how, from whom, and where the UA was obtained; why a bill of sale or other equal transfer of ownership document is unavailable for filing with the affidavit; and, attaching any other evidence of the transaction (s) such as a sales receipt, invoice, etc..

The defendant may contradict those facts by submitting alternative facts through affidavit, documentary evidence, or the plaintiff's own responses to discovery.

Although affidavits based on information and belief that fail to state the source of the information are not struck out automatically (see Carevest Capital Inc. v. North Tech Electronics Ltd. 2010 ONSC 1290 (CanLII) at para. 16), one doubts whether these vague «advised by the file» affidavits are proper information and belief evidence at all or whether they really just serve to put the affiant lawyer's personal opinion of the case before the court.

Arbitration with all evidence in direct provided through affidavit, with limited rights of oral cross-examination and other evidence provided by joint expert reports, admissions and answers to interrogatories.

In granting A.B.'s application for personal constitutional exemption, Judge Perell considered the affidavit evidence provided by A.B., his wife and daughter, physicians, a geriatric psychiatrist and a legal assistant of A.B.'s counsel, as well as legal argument from A.B.'s lawyers.

[13] As I noted when I referred to the affidavit filed by the plaintiff in response to the application, there is very little evidence with respect to the nature of the medical problem that will prevent the plaintiff from attending at an independent medical examination.

Evidence was presented by way of Affidavit in which RT indicated that at the moment he went through the roadblock he thought it was only in the preliminary stages of being set up by the police.

CONDITIONS FOR USE OF AFFIDAVIT OR ELECTRONIC RECORDING (21) Evidence at trial by affidavit or electronic recording may be usedAFFIDAVIT OR ELECTRONIC RECORDING (21) Evidence at trial by affidavit or electronic recording may be usedaffidavit or electronic recording may be used only if,

Evidence was presented by way of Affidavit in which AS indicated he had previously consumed 2 beer and produced a restaurant receipt as proof.

Affidavit evidence produced by driver explaining that she was merely picking up a friend from the Pub and when she exited the parking lot of the Pub she was merely avoiding several potholes in the parking lot and swerved around them.

The tort claim process typically includes the following steps: • Investigation of the accident and evidence gathering / review (medical reports, witness statements, etc.) • Expert assessment of the needs and damages of the injured party • Provide an official statement of claim • Receive statement of defence • Prepare, submit, and receive affidavits of documents for all parties involved • Attend examinations for discovery with your lawyer • Attempt to settle the tort claim out of court by negotiating, mediating, or engaging in pre-trial measures • Trial

After careful review of the affidavit evidence filed by both parties, the court found that their marriage contract was partially enforceable and ordered the husband to pay the wife the sum of $ 15,846.

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.

5 (1) A motion to dismiss under section 4 (a) may be brought on seven days notice; (b) must be given priority by the Court; (c) may be decided on the basis of pleadings or affidavit evidence; and (c) may be decided without discovery.

Show the judge the evidence that supports your case by pointing out where the evidence is in the affidavits in the petition record (use the tab numbers and page numbers to help the judge find the documents).

[19] General Motors seeks to show that this case does not differ from Karakas by pointing to the affidavit evidence of one of its «senior product investigators».

In countless Canadian and other decisions abroad, joint affidavits have been received and considered by the courts without any thought as to whether an affidavit made by more than one affiant at the same time and as to the same allegations is good evidence.

There was no supporting evidence and Joseph Neuberger acquired an Affidavit from a former witness used by the complainant who recently confirmed in the Affidavit, under oath, that the complainant had asked her to lie in the previous case.

Rule 21 (b), SCRFC (a rule promulgated by the Supreme Court) states, «[e] vidence received by the court at temporary hearings shall be confined to pleadings, affidavits, and financial declarations unless good cause is shown to the court why additional evidence or testimony may -LSB-...]

Some cases have suggested that need must be established by filing medical evidence, such as an affidavit from the first examining physician recommending a further examination by a health practitioner competent in another specialty.

In practical terms, when there is no time between the application to strike inadmissible evidence and the hearing of the lis, this means portions of filed affidavits are given no weight by the court.

24 (1) If a document is submitted in an electronic format and is required under any Act to include an affidavit, a declaration, a statement or any other written evidence, the evidence shall be in an electronic format approved by the Director of Land Registration and shall be included in a manner approved by the Director of Land Registration.

Elsewhere, on page 7, after summarizing affidavit evidence presented for the union by Prof. John Fryer of the University of Victoria and AUPE Negotiator Dale Perry, the judge says of affidavit evidence filed in response by the government's lawyers: «John DeCesare... is an articling student at McLennan Ross, the law firm representing Alberta.

Cross-examination on affidavit is best reserved for cases in which the affiant attests to information which is not supported by any documentary evidence.

-- 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.

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 evidence was tendered by affidavit instead of a trial which, whether in Small Claims Court or the Superior Court, would likely have required viva voce evidence and inconvenienced those individuals whose evidence was tendered by affidavit.

Evidence can be given by way of affidavits rather than oral evidence which takes up a lot of couEvidence can be given by way of affidavits rather than oral evidence which takes up a lot of couevidence which takes up a lot of court time.

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

''... an application to admit further evidence which might have been adduced at the trial, should be supported by the affidavit of the applicant indicating the evidence desired to be used and setting forth when and how the applicant came to be aware of its existence, what efforts, if any, he made to have it adduced at the trial, and that he is advised and believes, that if it had been so adduced, the result would probably have been different.»

Evidence is generally put before the court by way of affidavit rather than oral testimony.

The positions set out by the employees in their affidavits conflicted with the employer's evidence on the main points at issue.

Despite the exemption for depositions in complex litigation, a 14 - hour limit will be applied to complex litigation depositions where a witness has a fatal medical condition, evidenced by a medical affidavit / declaration attesting there is a substantial doubt the witness will survive for another 6 months.

The Court of Appeal found that motion judge failed to assess the fairness of deciding this matter by way of summary judgment given the conflicting evidence and the fact that Rule 76.01 prohibited from cross-examining the plaintiffs on their affidavits.

If the applicable law is not Scots, it can be proved by any appropriate evidence (in practice, usually affidavit expert evidence).

Evidence on an application is given by way of affidavit, and the requirements for same are fairly stringent in that evidence based on «information and belief» can only be relied on with respect to facts that are not contEvidence on an application is given by way of affidavit, and the requirements for same are fairly stringent in that evidence based on «information and belief» can only be relied on with respect to facts that are not contevidence based on «information and belief» can only be relied on with respect to facts that are not contentious.

Some state rules will waive extrinsic evidence as a condition precedent when business records are accompanied by an affidavit.

Extrinsic evidence as a condition precedent is not required with respect to business records accompanied by an affidavit.

The hearing and disposing of litigation by way of affidavit evidence only or by use of truncated or expedited judicial process.

Evidence on a motion is also given by way of affidavit, though the requirements are less stringent in that evidence based on «information and belief» is admEvidence on a motion is also given by way of affidavit, though the requirements are less stringent in that evidence based on «information and belief» is admevidence based on «information and belief» is admissible.

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.