has not participated as a party or a witness or in any other capacity in any other litigation concerning the custody of said child in this or in any other state, that there is no other custody proceeding pending concerning said child in a court of this or any other state; and that this affiant
does not know of any person not a party to the proceedings who has physical custody of said child or who claims to have custody or visitation rights with respect to said child.
cross-examine the affiant
on a Garofoli application, which demands the
The third affidavit requires the affiant
to aver that service
All seven of the affiants
in this case testify that Ernest Jones
(115) Another affiant
, often quoted by Hausner, Rudolf Hoss, former commander of Auschwitz, had been executed in Poland.
actual knowledge of the affiant
and the officer executing a search
For example, an affiant
or deponent might testify to a statement
(80.) The Franks test not only applies to cases where false information is included in an affidavit, but also when affiants
omit material facts "with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading." United States v.
This affidavit generally must be prepared by a similarly qualified professional (e.g., licensed insurance producer) and must state that the affiant
has reviewed the claim and believes there is a proper basis for the plaintiff to file it.
(114) One affiant
, Jim Bensman, asserted that he visited many national
Transamerica occidental Life Insurance Co., (108) for example, the plaintiffs objected to an affidavit submitted with the defendant's summary judgment motion, claiming the affidavit recited facts that were not within the affiant
's personal knowledge.
stated she had reviewed the patient's medical records and concluded that suit for medical malpractice was meritorious.