In one case, the court representative even provided the list of questions to the affiant
ahead of the hearing.
156) For example, affiant
Bensman stated that he had visited
the motion for summary judgment, rather than a subsequent affidavit, 'shall show affirmatively that the affiant
is competent to testify to the matters stated therein.
After an evidentiary hearing at which the patient's sister testified, the lower court determined that the affiant
was not unbiased, since she was the sister of the patient and the mother of the patient's attorney.
But it was the use of saith and nought in one four-word sentence, along with the legalism affiant
, that really surprised me.
should not assume the reader of the request for a search warrant has knowledge of the latest computer technologies or jargon.
Here, the unrebutted evidence showed that neither affiant
confirmed the contents of the affidavits by oath or affirmation before the notary and, therefor the plaintiffs complaint did not initiate an action against the defendants, Moreover, the defendants notified the plaintiff of this defect at the outset of this case, long before the statute of limitations expired on the plaintiffs claims.
As the phrase goes in one of my part-time jobs, "further, the affiant
viewed the white Subaru along with agents from the FBI," wrote Chenault and Doyle, using a masterful grammatical construction that gave both of them deniability.
The most prevalent abuse was the admission of ex parte affidavits accusing the defendant without an opportunity to question the affiant
, illustrated best by Sir Walter Raleigh's 1603 treason trial where the principal witness, Lord Cobham, was never made to testify.
The court finds that the facts set forth by the affiant
Siciliano in his affidavit not only do not pass muster, but do not even make it up to the muster field to be considered as muster," Judge McCann wrote.
The trial court ruled that even if the nurse practictioner who signed the plaintiff's affidavit of merit (which was required by law) was qualified under Michigan law to certify that the applicable standard of care was breached by the defendants, the affiant
was not qualified to certify that the breach proximately caused the plaintiff's' injuries.