Colorado Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment

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Multi-State
Control #:
US-03320BG
Format:
Word; 
Rich Text
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Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.


It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.

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FAQ

Completeness rule. Where the admissible portion of a statement would be unfair or misleading without including the entire statement, the adverse party may introduce the other part of the statement.

Under Rule 69, Colorado Rules of Civil Procedure, judgment debtors will appear before the magistrate judge only upon subpoena. An attorney seeking the appearance of a judgment debtor must contact the secretary of the appropriate magistrate judge.

Rule 106(a)(2) ? Compelling a Non-Discretionary Action Rule 106(a)(2) is an action to compel a body or person, including a governmental body, to perform a non-discretionary or mandatory action; this is similar to a writ of mandamus under common law. Judgments in favor of the claimant can include damages.

If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and ...

105 proceeding should completely adjudicate the rights of all parties to the action claiming interests in the property. Even if a counterclaim is not pled, or an issue is not raised in the pleadings but is apparent from the evidence, the court should reach the issue to give full relief.

(C) In any action on a consumer contract if the plaintiff fails to state facts in the complaint or by affidavit showing that the action has been commenced in the proper county as described in this Rule, or if it appears from the stated facts that venue is improper, the court may, upon its own motion or upon motion of ...

(Rule 106 applies only to evidence that ought in fairness to be considered contemporaneously with the proponent's evidence, and does not necessarily require that the entire document be admitted into evidence; however, when a misleading impression might be created by introducing a document without accompanying documents ...

Excusable neglect is a term associated with legal proceedings, notably in bankruptcy cases, that includes inadvertence, mistakes, carelessness, or any other intervening circumstances beyond a party's control. A court has the discretion to allow a party to file a motion after the deadline if it finds excusable neglect.

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Colorado Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment