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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]
The Florida Constitution, in Article V, Section 2(a), vests the power to adopt rules for the "practice and procedure in all courts" in the Florida Supreme Court. [1] The Florida Supreme Court adopted the Florida Rules of Civil Procedure in March 1954. [2] The proper abbreviation for the rules is Fla.R.Civ.P. [3] The rules may be amended, or new ...
A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. [2] [3] In other cases, sworn statements are allowed for some purposes, but not others. [4]
The declaration may be used in connection with matters of law, including judicial proceedings, but what weight is given to the declaration is a matter for the judge to decide. Statutory declarations must be made in a prescribed form and witnessed by a person as specified in the Statutory Declarations Regulations 2023 .
As part of its ongoing investigation into Rep. Matt Gaetz, the House Ethics Committee recently issued a subpoena for documents from a civil lawsuit brought by one of the Florida congressman's ...
J. Stephen Schuster, who handled complex business litigation in the Superior Court of Cobb County, Georgia, is a past president of the American College of Business Court Judges, [56] past co-chair of the ABA Section of Business Law's Judges Initiative Committee, [276] and served as a Business Court Representative to the ABA's Business Law Section.
A small estate affidavit is a sworn legal document that may allow an estate to avoid going through probate. Small estate affidavits are permitted in many states, as long as the value of the estate ...
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