New York Affidavit Stating Facts on Information and Belief

State:
Multi-State
Control #:
US-00597BG
Format:
Word; 
Rich Text
Instant download

Description

This form is an affidavit in which the affiant is swearing to facts based on information and belief.

A New York Affidavit Stating Facts on Information and Belief is a legal document frequently used in the state of New York to present factual information in court proceedings. This type of affidavit allows individuals to provide statements based on their personal knowledge and belief, rather than requiring firsthand evidence or direct witnessing of the facts. An affidavit is a written sworn statement that holds significant legal weight, serving as evidence in various legal matters. When an individual lacks personal knowledge of the facts but believes them to be true based on reliable information, a New York Affidavit Stating Facts on Information and Belief is utilized. This affidavit type plays a crucial role in presenting pertinent information when direct knowledge or eyewitness testimony is not feasible or available. Keywords: New York affidavit, facts on information and belief, legal document, court proceedings, factual information, personal knowledge, belief, sworn statement, legal weight, evidence, reliable information, legal matters, direct knowledge, eyewitness testimony. Different types of New York Affidavit Stating Facts on Information and Belief: 1. Affidavit Stating Facts on Information and Belief in Civil Cases: This variation of the affidavit is commonly used in civil lawsuits in New York. It allows plaintiffs, defendants, or interested parties to present relevant facts based on reliable information and personal belief in order to support their claims or defenses. 2. Affidavit Stating Facts on Information and Belief in Family Law Cases: In family law proceedings, this type of affidavit may be used to provide essential information based on reliable sources when direct personal knowledge is not available. It can be utilized in divorce cases, child custody battles, spousal support disputes, or other familial legal matters. 3. Affidavit Stating Facts on Information and Belief in Criminal Cases: When individuals possess important information or have gained knowledge about a crime through third-party sources but lack direct involvement, they may submit this affidavit to assist law enforcement or prosecution in criminal proceedings. It aids in establishing the facts surrounding an incident, potentially leading to a successful resolution. 4. Affidavit Stating Facts on Information and Belief in Probate Matters: In matters related to wills, estates, or probate, this affidavit allows interested parties to present relevant information they have gathered, even if they are not direct witnesses or have firsthand knowledge. Such affidavits play a vital role in distributing assets, resolving disputes, or managing deceased individuals' estates. 5. Affidavit Stating Facts on Information and Belief for Business Purposes: This type of affidavit can be used in various business-related scenarios, such as contract disputes, intellectual property claims, or commercial litigation. Individuals involved in these matters can provide crucial factual information based on their understanding and belief, supporting their legal positions. Keywords: New York affidavit, facts on information and belief, civil cases, family law cases, criminal cases, probate matters, business purposes, legal document, court proceedings, reliable information, personal belief, direct personal knowledge, legal matters, evidence, sworn statement.

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FAQ

The use of the term, "to the best of my knowledge and belief," recognizes it is impossible for any person to legitimately provide absolute assurances or guarantees. Individuals can only make assertions on what they know or have knowledge of, not to what they don't know.

An affirmation is a non-religious swearing of the truth. An affirmation may be taken using the following, or similar words: 'I, [name of person making affirmation], solemnly and sincerely affirm that the contents of this affidavit are true and correct.

The use of the term, "to the best of my knowledge and belief," recognizes it is impossible for any person to legitimately provide absolute assurances or guarantees. Individuals can only make assertions on what they know or have knowledge of, not to what they don't know.

The term ?to the best of my knowledge and belief? is used in affidavits and court documents to indicate that statements being made are not knowingly false.

Best Knowledge means both what a Person knew as well as what the Person should have known had the Person exercised reasonable diligence. When used with respect to a Person other than a natural person, the term "Best Knowledge" shall include matters that are known to the directors and officers of the Person.

1 . An affirmation is a statement which is made under penalty of perjury. An affidavit is sworn to before a licensed notary public of the state.

Affirmation: A statement, signed by an attorney or physician, osteopath or dentist, which is certified to be true under the penalties of perjury and which may, under the law, be served and filed in lieu of an affidavit.

The addition of the term 'best knowledge' in the seller's warranty means that the seller is not liable for facts of which he was unaware. The risk of those facts (which nobody knows about) then shifts to purchaser.

Representations - Statements made by applicants on their application for insurance that they represent as being substantially true to the best of their knowledge and belief, but that are not warranted as exact in every detail.

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Submit the original answering papers, with original affidavits of service to the court. This is done at the time and place stated in the Notice of Motion or ... Plaintiff must submit his or her detailed affidavit of facts together with proof of service of the legal papers upon defendant(s). This affidavit explains the ...The term “to the best of my knowledge and belief” is used in affidavits and court documents to indicate that statements being made are not knowingly false. The typical phrasing of “information and belief” is: "Plaintiff is informed and believes, and upon such information and belief, alleges that defendant diverted ... (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party ... A motion requests the Court to take action under a specific Federal Rule. To oppose a motion, you must prepare an affidavit or affirmation. All statements made on information and belief must be so designated in the sworn statement, and the sources of information must be given. 5. Should the space ... The service may be accomplished either by hand-delivering or by mailing a copy of the document(s) to the other parties or to the parties' attorneys before you. Please note – in all events, both an Affidavit and unsworn Declaration must be based on the personal knowledge of the person signing. THE APPLICABLE STATUTES 28 ... Jan 1, 2017 — ' This is not personal knowledge.” Thus, this case held that an affidavit made using the phrase “to the best of my knowledge, information, and ...

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New York Affidavit Stating Facts on Information and Belief