Minnesota Affidavit Stating Facts on Information and Belief
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How to fill out Affidavit Stating Facts On Information And Belief?
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FAQ
Like affidavits, declarations are commonly used by litigants to submit factual evidence, such as witness statements or documentary evidence. Unlike affidavits, however, declarations are not formally sworn before a notary public or other officer authorized to administer oaths.
Rule 703 permits an expert to base opinion testimony on personal knowledge, evidence admitted at trial, or evidence not admitted so long as it supplies the kind of facts or data that experts in the field ?reasonably rely? on in forming an opinion.
The rule is aimed at permitting experts to base opinions on reliable hearsay and other facts that might not be admissible under these rules of evidence. Obviously, a prosecution witness could not base an opinion on evidence that had been seized from a defendant in violation of the Fourth or Fifth Amendments.
R. Evid. 703, which permits opinions based on inadmissible evidence of a type reasonably relied upon by experts in the relevant field, Massachusetts law requires the facts or data underlying an opinion to be independently admissible, even if not actually admitted.
Rule 56. The court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record or in a written decision the reasons for granting or denying the motion.
358.116 COURT DOCUMENTS. Unless specifically required by court rule, a pleading, motion, affidavit, or other document filed with a court of the Minnesota judicial branch, or presented to a judge or judicial officer in support of a request for a court order, warrant, or other relief, is not required to be notarized.
Rule 109. Any application for leave to answer or reply after the time limited by statute or rule, or to open a judgment and for leave to answer and defend, shall be accompanied by a copy of the answer or reply, and an affidavit of merits and be served on the opposite party.
Affidavits are written documents attached to an affirmation, such as a notary public oath, which states that the statements in the document are true. Declarations are written documents the writer believes are true, but the statements contained in the declaration are made without the writer being sworn in.
However, the key difference between the two is that an affidavit is a type of sworn statement that is used in legal proceedings, while a sworn statement can be used in any situation where a person needs to provide a written, sworn statement of fact.
Expert and lay witnesses will not be precluded from giving an opinion merely because the opinion embraces an ultimate fact issue to be determined by the jury. If the witness is qualified and the opinion would be helpful to or assist the jury as provided in Rules 701-703, the opinion testimony should be permitted.
