The Kansas Affidavit Stating Facts on Information and Belief is a legal document that is commonly used in various legal proceedings within the state of Kansas. This affidavit serves as a written declaration under oath, stating the facts based on the affine's personal knowledge, information gathered, and reasonable beliefs regarding a specific matter. In Kansas, there are different types of Affidavits Stating Facts on Information and Belief, each designated for specific legal purposes. These types include: 1. Affidavit Stating Facts on Information and Belief in Support of Motion: This type of affidavit is often filed in conjunction with a motion, such as a motion for summary judgment or a motion to dismiss. It presents facts that are crucial to support the legal arguments put forth in the motion. These affidavits are used when the affine does not possess personal knowledge of the facts but believes in their accuracy based on the information available to them. 2. Affidavit Stating Facts on Information and Belief for Deposition Purposes: This affidavit is commonly used when a witness is unable to testify at trial or deposition due to various reasons. The affine provides facts, which they believe to be true based on the information and belief they possess, in order to preserve their testimony or support another party's case. 3. Affidavit Stating Facts on Information and Belief in Support of Pleading: This type of affidavit is filed when a party needs to provide factual support for their claims or defenses in a lawsuit or legal proceeding. It is used to present facts that the affine does not have personal knowledge of, but believes to be true based on information and belief. 4. Affidavit Stating Facts on Information and Belief for Discovery Purposes: This affidavit is utilized during the discovery phase of a legal proceeding. It allows a party to present facts that they do not have personal knowledge of but believe to be true based on the information available to them. These affidavits are often used to aid in the gathering of evidence or to narrow issues for trial. Regardless of the specific type, a Kansas Affidavit Stating Facts on Information and Belief must include certain key elements to be considered valid. It should identify the affine by name and address, state the affine's belief in the accuracy of the facts presented, and provide the reasons or sources upon which the belief is based. The affidavit must be signed by the affine and notarized to ensure its authenticity and validity. In conclusion, the Kansas Affidavit Stating Facts on Information and Belief is a legal document used to present information that the affine does not have personal knowledge of but believes to be true based on available information and belief. It is crucial to utilize the correct type of affidavit for specific legal purposes, such as supporting motions, preserving testimony, presenting claims or defenses, or aiding in discovery. By following the required format and including necessary elements, the affidavit maintains its validity and serves its intended purpose within the legal proceedings.
Kansas Affidavit Stating Facts on Information and Belief
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60-460. Hearsay evidence excluded; exceptions. Evidence of a statement which is made other than by a witness while testifying at the hearing, offered to prove the truth of the matter stated, is hearsay evidence and inadmissible except: (a) Previous statements of persons present.
To the best knowledge of means, when modifying a representation, warranty or other statement of any Person, that the fact or situation described therein is known by the Person (or, in the case of a Person other than a natural Person, known by a Responsible Official of that Person) making the representation, warranty or ...
The addition of the term 'best knowledge' in the seller's warranty means that the seller is not liable for facts of which he was unaware. The risk of those facts (which nobody knows about) then shifts to purchaser.
The term ?to the best of my knowledge and belief? is used in affidavits and court documents to indicate that statements being made are not knowingly false. Assuming your client signs a document under ?knowledge and belief?, does he have a duty to verify the truth or accuracy of his statements?
Many commercial lawyers believe that when a person makes a representation in a transactional document to that person's ?best knowledge,? the representation is based on more information than had that person used the phrase ?the following is true to the knowledge of the undersigned.? Those lawyers believe that if the ...
Laws and court decisions make a distinction between ?actual knowledge? and ?constructive knowledge.? ?Actual knowledge? means a person ?must have known? as opposed to ?should have known.? In footnote 4 of Uccello v.
The use of the term, "to the best of my knowledge and belief," recognizes it is impossible for any person to legitimately provide absolute assurances or guarantees. Individuals can only make assertions on what they know or have knowledge of, not to what they don't know.
(a) Making false information is making, generating, distributing or drawing, or causing to be made, generated, distributed or drawn, any written instrument, electronic data or entry in a book of account with knowledge that such information falsely states or represents some material matter or is not what it purports to ...
