The majority of situations require a necessary exercise of judgment when determining what should and should not be included
in affidavit materials before the court.
The Rules of Civil Procedure require that a responding party on a motion for summary judgment «must set out,
in affidavit material or other evidence, specific facts showing that there is a genuine issue requiring a trial».
There is nothing
in the affidavit material to indicate that the respondent and the claimant had made plans during the marriage that the respondent would retire from his employment at age 65 years.
Not exact matches
This
affidavit must affirm that there have been no changes
in the firm's circumstances affecting its ability to meet size, disadvantaged status, ownership or control requirements of the part or any
material changes
in the information provided
in its application form, except for changes about which you have notified the recipient as provided
in the regulation.
The No Change
Affidavit and Declaration affirms that there have been no changes
in the firm's circumstances affecting its ability to meet size, disadvantaged status, ownership or control requirements of the part or any
material changes
in the information provided
in its application form.
In the light of these facts I have no hesitation in coming to the conclusion that these three Officers Mr. Bhatnagar, Mr. [sic] Pachauri and Mr. Dinesh Mehta have suppressed material facts and they have sworn to false affidavit
In the light of these facts I have no hesitation
in coming to the conclusion that these three Officers Mr. Bhatnagar, Mr. [sic] Pachauri and Mr. Dinesh Mehta have suppressed material facts and they have sworn to false affidavit
in coming to the conclusion that these three Officers Mr. Bhatnagar, Mr. [sic] Pachauri and Mr. Dinesh Mehta have suppressed
material facts and they have sworn to false
affidavits.
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.
Limoges appealed, arguing that that the court made an improper credibility assessment about the
affidavit of the Limoges expert and because the judge overlooked
material issues of fact that were
in dispute.
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.
[84] Defence counsel argued that to the extent there are inconsistencies between the information
in Ms. Lachan's
affidavit and the information
in Dr. Pershad's
affidavit on matters of
material fact, I should prefer Ms. Lachan's evidence as being more credible and resolve the inconsistencies
in her favour.
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.
On rare occasions, the purchase contract itself is protected by a confidentiality clause and can't be recorded,
in which case an
affidavit stating the
material, non-confidential facts could be recorded.
Again, there is no indication
in the
materials before me of any cross examination either of the deponent who affixed this email to his
affidavit, the former mayor or of the former CAO.
The purchase and sale contract or an
affidavit stating its
material terms and stating that it is still effective, or both, could be recorded
in the real estate records of the county where the property was located prior to closing, but it would be highly usual to do so absent a clear indication that a breach was imminent (because it is very rare for this to happen since the consequences are clear and it is so often an open and shut case) but it could come up if the seller believes that a condition under the original contract was breached and the buyer disagreed.
On October 30, 2014 four protest organizers and I were served with a lawsuit, an application for an injunction, and
affidavit material claiming that we and unnamed individuals were liable for $ 5.6 million
in damages to Kinder Morgan.
We work closely with family law lawyers to develop a comprehensive defence that includes our review of all
material available including the family court documents and we always construct detailed cross-examinations of complainants drawing upon evidence or contradictions that we uncover
in the family court pleading,
affidavits and examinations,
in order to challenge the credibility and reliability of the complainant.
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.
(1) An
affidavit of the litigation guardian setting out the
material facts and reasons supporting the proposed settlement and the position of the litigation guardian
in respect of the settlement;
The
material in the body of this post was drafted along with Heather L. Poole and Ann Robertson for a panel at AILA National 2015 entitled Complicated
Affidavit of Support Issues.
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.
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.
In our view, there was sufficient material in both the Ricciuto and Somers affidavits to support her conclusion,» the court sai
In our view, there was sufficient
material in both the Ricciuto and Somers affidavits to support her conclusion,» the court sai
in both the Ricciuto and Somers
affidavits to support her conclusion,» the court said.
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.
Motions for summary judgment and responses thereto shall include a concise statement setting forth each fact
material to the disposition of the motion which the party claims is or is not genuinely
in issue, citing the particular portions of any pleading,
affidavit, deposition, interrogatory, answer, admission, or other evidence upon which the party relies.
However, an
affidavit will be conclusive unless it is clear from its face that the deponent has erroneously represented or misconceived the character of the documents
in question; the
affidavit is contradicted by the person or entity who directed the creation of the documents; or there is other evidence before the court that the
affidavit is incorrect or incomplete on
material points.
The
affidavit materials filed with the court read like a mini-series entitled «
In Pursuit of a Fraudster.»
In the example in my previous post, no affidavit of documents was delivered, no responding materials were prepared, and counsel for the defendant did not show up for the motion (having been instructed to not oppose
In the example
in my previous post, no affidavit of documents was delivered, no responding materials were prepared, and counsel for the defendant did not show up for the motion (having been instructed to not oppose
in my previous post, no
affidavit of documents was delivered, no responding
materials were prepared, and counsel for the defendant did not show up for the motion (having been instructed to not oppose).
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.
As relevant here, Paramount attached evidentiary
material, including Ms. Sprague's
affidavit, to support non-liability based on: 1) a 2013 termite inspection report Buyer received that shows prior infestation and treatment but recommended no treatment was necessary, 2) Ms. Sprague's offer of a pre-closing walk - through of the Residence to Buyer and his wife was declined because their dogs were with them, 3) Paramount's «confidentiality policy regarding any transaction
in which an agent is not involved»; and 4) Ms. Sprague «never had personal knowledge of any defects
in the Residence nor had she ever been involved
in any real estate transaction for the Residence.»
So at the closing, you might be presented by the title insurer with an
affidavit to be signed by you that states that you have paid all contractors and
material suppliers
in full; this could be problematic...