How to use affidavits, and negative averements to cause cases to be dismissed pre-trial.
Averment- 1. The act of averring, or that which is averred; affirmation; positive assertion.
Negative Averment- stating that no such ___________, evidence is in my possission. No evidence exists that I was at _____________ location on ___ / ___ / 20xx.
Make sue affidavit is entered as EXHIBIT ____ during the motion to dismiss.
Also make sure that ‘motion for judicial notice’ is called before the court orally, and you get an oral yes, if not offer it as ‘offer of proof’ to follow the possible appeal.
Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.