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

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

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

A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.

A judgment shall be set forth on a separate document, except that a judgment may appear upon the same document upon which appears the court's findings, conclusions, or opinion upon the issues. The entry of the judgment shall not be delayed for the taxing of costs.

Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

(4) Effective January 1, 2020, a writ of attachment for a person expires one hundred eighty (180) days after it is issued and the expiration date shall appear on the face of the writ.

Ingly the amendment of Rule 59(b) eliminates the ?except? clause and its specific treatment of newly discovered evidence as a ground for a motion for new trial. This ground remains, however, as a basis for a motion for new trial served not later than 10 days after the entry of judgment. See also Rule 60(b).

Rule 65 - Injunctions (A) Preliminary injunction. (1) Notice. No preliminary injunction shall be issued without an opportunity for a hearing upon notice to the adverse party. (2) Consolidation of hearing with trial on merits.

On motion and upon such terms as are just the court may relieve a party or his legal representative from a judgment by default, for the following reasons: (1) mistake, surprise, or excusable neglect; (2) any ground for a motion to correct error, including without limitation newly discovered evidence, which by due ...

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