Minnesota 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

4.03Personal Service Service of summons within the state shall be as follows: (a) Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual's usual place of abode with some person of suitable age and discretion then residing therein.

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.

An affidavit to clear a deceased owner's interest in real property in Minnesota of record where there is a right of survivorship as either a surviving joint tenant or a remainderman to a life estate.

A defendant who, before being served with process, timely returns a signed waiver need not serve an answer to the complaint until 60 days after the request was sent to that defendant-or until 90 days after it was sent to that defendant outside the United States. (d) Results of Filing of a Waiver.

Rule 5.04 - Filing; Certificate of Service (a) Deadline for Filing Action. Any action that is not filed with the court within one year of commencement against any party is deemed dismissed with prejudice against all parties unless the parties within that year sign a stipulation to extend the filing period.

?Replevin?, ?replevy?, ?replevin action?, and ?writ of replevin? are legal words that mean a court process for recovering possession of personal property from another person. In Minnesota, it is also called an ?action for claim and delivery?.

Rule 5 prescribes the procedure at the defendant's initial appearance. In most misdemeanor cases, the initial appearance will also be the time of arraignment and disposition. Rule 5.02 requires the appointment of a qualified interpreter for a defendant disabled in communication.

Civil process is the delivery of legal and court documents by the sheriff's office. You can request the service of civil process by mail or in person. Your request must include: All fees or deposits.

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