one of the plaintiff's affiants
recreated "in the vicinity
Hausner's knowledge about the background of affiants
on whose statements he was prepared to rely seems to have been quite sketchy.
114) One affiant
, Jim Bensman, asserted that he visited many national
Steinberg and Associates in Physical Medicine and Rehabilitation (APMR) filed a motion for summary judgment alleging that the plaintiff failed to file a valid affidavit of merit under applicable state law because Bujarski, the notary, testified that, while she signed the jurat on each affidavit acknowledging that the affidavit was subscribed and sworn to before her, she did not know either affiant
, Gonzales or Thomas, she did not witness their signatures, she did not verify the affiants
' identities and she did not administer an oath to either affiant
1990) (holding affiant
could not testify regarding reactions of others).
149 (1970), was whether the Confrontation Clause should be used only to protect against the abuses endemic to "16th- and 17th-century England: prosecuting a defendant through the presentation of ex parte affidavits, without the affiants
ever being produced at trial.
Hearsay evidence, secondary sources, as well as conjectural or analytical statements by the affiants
themselves were expunged, while fieldworkers attended regular workshops to sharpen their critical faculties.
The Federal Circuit concluded that the District Court erred in granting Summary Judgment by failing to credit this admission of Microsoft's affiants
confirming that the same algorithms at issue were used in Microsoft's system.
evidentiary hearing, but he presents five affiants
who testify that
statements that the affiants
reasonably believed to be true, and (2) the
But those officers, whose credibility was subject to effective impeachment, did not appear as affiants
or as witnesses at hearings or trials.
referred to an '"inten[t]' to return to the places they had visited before .