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Thread: Self serving affidavit ,from JDB

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    Self serving affidavit ,from JDB

    I'm ready to motion to strike the affidavit of the JDB (ASSet). What/ how is the best way to proceed? They have never produced the alledged written contract as they say they will when it becomes available!!! This was in response to my discovery request. If, as some here have advised, I can get rid of that self serving affidavit, I'll try for the MSJ.
    Case Law would be great for this as well (KY) or 6th Circuit.

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    Bumping for advice...

    What's the best way to word a motion to have the JDB's affidavit struck?

    Any advice...Thanks

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    HONORED GUEST hannah's Avatar

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    Quote Originally Posted by cuthatcard View Post
    Bumping for advice...

    What's the best way to word a motion to have the JDB's affidavit struck?

    Any advice...Thanks
    You motion to strike the affidavit as hearsay. Look to your evidence rules and I will try to find caselaw for you.
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    HONORED GUEST hannah's Avatar

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    I found an excellent Ky Law Review article by Harold Weinberg entitled: Pleading and Practice in Commercial Paper Cases: Burdens of Proof. The article is copyrighted so I cannot post it here. Send me your email addy to my email and I will send it to you as I can by copyright share it with one person at a time by the TOS of where I am getting the article. The article involves negotiable instruments but could help in the evidence and proof of evidence area.

    I also have the KY Rules of Evidence relevant to your problem for you to read.
    Last edited by hannah; 03-09-2008 at 12:17 PM.
    Let's Go Mountaineers!!

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    HONORED GUEST hannah's Avatar

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    Should have added in the first post that most affidavits contain some sort of substantive defect as they are used in place of the actual witness who in the case of JDB's only knows what the JDB told the affiant and therefore has seen no bank records or other accounting items and lacks personal knowledge as they have never worked for the OC and you must find what that defect is in regards to the laws of the state you are being sued in.

    I recently helped with a case in Ohio where the affidavit was signed by someone who never worked for the OC or the law firm handling the account. The affiant disclosed to me on the phone (recorded) that she had never seen any bank records and had signed hundreds of affidavits. Wouldn't you love to depose an affiant like her?!

    In some states the defect is procedural as well as substantive. In WV, an affidavit must include a full accounting from dollar one to be admissible if challenged.
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    Quote Originally Posted by hannah View Post
    I found an excellent Ky Law Review article by Harold Weinberg entitled: Pleading and Practice in Commercial Paper Cases: Burdens of Proof. The article is copyrighted so I cannot post it here. Send me your email addy to my email and I will send it to you as I can by copyright share it with one person at a time by the TOS of where I am getting the article. The article involves negotiable instruments but could help in the evidence and proof of evidence area.

    I also have the KY Rules of Evidence relevant to your problem for you to read.
    Hannah,

    Could you please share the article with me as well. Thanks! Am sending you my email.

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