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Fw: Judicial Notice vs. Affidavits - Re: Affidavits as Evidence - Re: [law-discuss] Appeals & Family Court

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  • Ed
    You are correct Royce. What you are referring to is called Judicial Notice . You file Judicial Notice to make the Law of Public Record in your Court file.
    Message 1 of 1 , Nov 21, 2004
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      You are correct Royce. What you are referring to is called 'Judicial Notice'. You file 'Judicial Notice' to make the Law of Public Record in your Court file. You file an Affidavit to establish Facts. Put the two together - Law and Facts - and you have 'Judgement'. All that's left is to get a judicial Official (Judge) to perform their duty to 'certify' the Judgment and/or execute.

      If there is no Constitutional Question of Law (the language of the Constitution is 'plain' and Statutes are consistent) and the Facts are beyond any reasonable (not 'frivilous' or 'groundless') dispute - the Judicial Official has no 'discretion'. Refusal to enter Judgement is then an 'Ommission' for which they may be held liable, for damages, in their Individual Character, and their 'Respondeat Superior', aka the Public Account (State) or Public Treasury (Federal) must also pay as this is the source of indemnity. Ed44
      ----- Original Message -----
      From: royce
      To: law-discuss@yahoogroups.com
      Sent: Sunday, November 21, 2004 10:50 AM
      Subject: Re: Affidavits as Evidence - Re: [law-discuss] Appeals & Family Court


      I answered this already but I should add that an affidavit is a written statement of the personal knowledge of the affiant. You cannot produce an affidavit that "the law says such and such or so and so." The affidavit is about FACTS the knowledge of which you have personally.

      Royce

      "But the constitution, which at any time exists till changed by an explicitly and authentic act of the whole people is sacredly obligatory upon all." --George Washington


      ----- Original Message -----
      From: Ed
      To: Ed44@... ; law-discuss@yahoogroups.com
      Sent: Sunday, November 21, 2004 5:14 AM
      Subject: Affidavits as Evidence - Re: [law-discuss] Appeals & Family Court


      GOOD QUESTION. I, too, want to know what answer others would provide to this question. I am in the process of researching this question at this time. I believe an Affidavit is evidence unless a reasonable objected is made. Ed44
      ----- Original Message -----
      From: lrhmiller
      To: law-discuss@yahoogroups.com
      Sent: Sunday, November 21, 2004 1:02 AM
      Subject: RE: [law-discuss] Appeals & Family Court


      does a notarized affidavit by a party filed into the record count as evidence? how about a notarized affidavit from a witness? I've heard that if it isn't refuted in 30 days it stands.
      L
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