affidavit

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affidavit

Law a declaration in writing made upon oath before a person authorized to administer oaths, esp for use as evidence in court
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It would also have been essential for the defense to attack the credibility of affiants and affidavits in front of the District Court.
The weakness in affidavits derives from the inability to cross-examine the affiant.
References to prosecuting using the admission of ex parte affidavits while never producing the affiants at trial.
Some courts have concluded that it is so obvious that criminals keep the fruits and implements of their criminal activities in their homes that it is not necessary for affiants to even mention that fact in their affidavits when obtaining a search warrant for a criminal's residence.
concurring) The conversion of a clause intended to regulate trial procedure into a threat to much of the existing law of evidence and to future developments in that field is not an unnatural shift, for the paradigmatic evil the Confrontation Clause was aimed at -- trial by affidavit -- can be viewed almost equally well as a gross violation of the rule against hearsay and as the giving of evidence by affiant out of the presence of the accused and not subject to cross-examination by him.
At the bottom of the stairs leading from the kitchen to the basement, this affiant and Sgt.
Another affiant testified that he had not been to the river since he was young and that pollution was not the reason he stopped visiting the river.
62) The affiant of the oath was required to deny "that he ha[d] ever `been in armed hostility to the United States, or to the lawful authorities thereof,'" or "that he ha[d] ever, `by act or word,' manifested his adherence to the cause of the enemies of the United States, foreign or domestic.
902(i) 15-0-0 Changes third sentence of first paragraph to require that affiant know that party has resided in Florida 6 months immediately before the filing of the petition in this action.
LEGAL COMMENTARY: Nevada law provides that the affidavit of a person who draws blood from another for analysis by an expert is admissible to provide: (a) the occupation of the affiant or declarant; (b) the identity of the person from whom the affiant or declarant drew the sample; (c) the fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; (d) the identity of the person to whom the affiant or declarant delivered it.
After introducing the affiant and the experts relied on by the affiant, the warrants gave a summary of the alleged criminal activity, discussed the technical expressions used, set forth the chronology of the investigation, summarized the evidence to be found, and concluded with the reasons for suspecting that the evidence would be found at the search location.