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Affidavit is not treated as "evidence" within the meaning of Section 3 of the Evidence Act. [4] However, it was held by the Supreme Court that an affidavit can be used as evidence only if the court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination. [5]
Where allowed, such an endorsement gives the document the same weight as an affidavit, per 28 U.S.C. § 1746 [2] The document is called a sworn declaration or sworn statement instead of an affidavit, and the maker is called a "declarant" rather than an "affiant", but other than this difference in terminology, the two are treated identically by ...
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
After Owens’ conviction, his attorney requested a copy of the draft affidavit from the solicitor’s office, but a trial court judge sealed the document and ultimately determined that it was ...
The state has not carried out an execution since May 2011. The death penalty is on hold while the S.C. Supreme Court determines whether to restart executions by lethal injection, firing squad or ...
In a previous order declining to stay the execution, the five Supreme Court justices found that the death sentence was proportionate because of the strength of the evidence against Owens.
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