Sentences with phrase «of affidavit material»

[36] On the basis of the affidavit material before me, the evidence falls far short of establishing that the respondent has any need that would justify an interim award of spousal support and accordingly, the application for interim spousal support is dismissed.

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.

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 affidavits.

The state Supreme Court vacated the judgment of the superior court, holding that the plaintiff's expert's affidavit, combined with the documents that were available to the hearing justice, raised a material issue of fact as to whether Arden Engineering was responsible for Limoges's injury.

The plaintiff instead responded to the defendant's irrelevant materials with further disputatious affidavits, said to be necessary to counter the defendant's assertion of good character.

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.

[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.

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.

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.

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.

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.

Since the plaintiff did not provide notice that the physician who prepared the expert affidavit intended to provide expert testimony at trial, the affidavit was insufficient to show a genuine issue of material fact as to the defendant's lack of requisite skill at trial.

Based on the affidavit material, I have concluded that the claim being advanced by Mr. Singleton is relatively simple and straightforward, and is not one that can justify the expense of a five day jury trial.

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.

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».

He prepares and assembles affidavits of documents, undertaking and refusals lists, motion materials and books of authorities.

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.

(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.

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 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.»

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.

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).

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.

Some states require the parties to submit an affidavit, child support calculation worksheet, and other materials such as a list of marital property and debts.

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.»