Questions and Professional Answers

• Truth Affidavit & Maritime

  My ex has custody of our 7 children who I signed over to him because he has alot of money to take care of them. But he still took me to court for child support and medical. The children are on my insurance yet he says he has 10000 plus in out of pocckect medical expenses and wants me to pay half but the order does not stipulate that and now he has file a tuth affidavit & maritime. I don't have an attorney can't afford one what can this affidavit mean?

  • Re: Truth Affidavit & Maritime

    If you want to avoid owing his $10,000, you are going to have to hire an attorney. If he failed to use your medical insurance for the children that should be his problem, alone, but it all depends.Call me if you like.Gary Moore, EsquireHackensack, New Jerseywww.garymooreattorneyatlaw.com

    Gary Moore
    Gary Moore Attorney At Law
    31 Mercer Street P.O. Box 1280
    Hackensack, NJ 07602-1280

• Affirming Affidavit

  In a court of law, a person does not have to swear an oath, but is allowed to ''affirm'' as a substitute. What wording may be used in an affidavit to replace ''swearing an oath'' (or similar)? Or is an affidavit, by definition, no longer such without one's swearing the oath? If so, how does one sign a self-proving will, or any other similar document affirming the truth without resorting to the practice of swearing an oath?Thank You,Dale

  • Re: Affirming Affidavit

    A "Declaration Under Penalty of Perjury " in Washington is generally given the same legal impact as an affidavit, but real estate documents that are required to be signed under oath generally require an affidavit format instead of a declaration in order to be recorded. A Declaration requires the language that is substantially the same as "signed under penalty of perjury according to the laws of the State of Washington" together with the date and city of signing. Washington declarations may not be valid, even in Washington, if signed out of state. There are other exceptions too numerous to include here. The proper format and style of an oath of signature of a document all needs to be based on a particular context of what, when, and why a signature of a document needs to be sworn to or acknowledged.

    Charles Cruikshank
    Cruikshank Law Office
    108 S. Washington St. #306
    Seattle, WA 98104

• Why to ''Tell the truth'' is not enough.

  Why, in Criminal Court, does one swear to ''Tell the truth, the whole truth, and nothing but the truth''? Why is swearing to tell the truth not enough?

  • Re: Why to ''Tell the truth'' is not enough.

    1. Telling the truth does not cover all bases. Telling the whole truth means speaking the truth of a matter whether or not you are asked for all relevant details.2. Nothing but the truth simply means you won't speak untruths - different from telling the whole truth.3. Some courts administer the oath as follows: "You solemnly swear or affirm that the testimony you are about to give will be truthful."

    Charles Aspinwall
    Charles S. Aspinwall, J.D., LLC
    PO Bx 984
    Los Lunas, NM 87031-0984

• The Truth

  When You're sworn in to tell the truth, the whole truth, and nothing but the truth. Does this mean that you cannot withhold information?

  • Re: The Truth

    You must answer all questions truthfully. Listen to the question and anwser the question.

    Angelo Marino
    Angelo Marino Jr. PA
    645 SE 5 Terrace
    Ft Lauderdale, FL 33301

  • Re: The Truth

    It depends on what you mean by "withold". If under oath you must truthfully answer the questions asked. Perhaps with additional facts you could get better guidance.

    Alan Wagner
    Wagner, Vaughan & McLaughlin, P.A.
    601 Bayshore Boulevard; Suite 910
    Tampa, FL 33606

• Affidavit of Heirship

  May I use a General Affidavit to provide an Affidavit of Heirship? Does the content of the general affidavit, in essence, make it an Affidavit of Heirship? Is there any actual form call Affidavit of Heirship?

  • Re: Affidavit of Heirship

    In essence, an affidavit of heirship is just a family tree. For help, see www.courts.state.ny.us/forms/surrogates/omni/familytree.pdfMike.

    Michael Markowitz
    Michael A. Markowitz, PC
    1553 Broadway
    Hewlett, NY 11557

• Do you swear to tell the truth?

  When being ''sworn in'' in court, do I have to answer in the affirmative if asked if I will tell the truth, wether I'm asked as an oath or an affirmation?Would I face charges for the following?Question: Do you swear to tell the truth, the whole truth, so help you?Answer: No.

  • Re: Do you swear to tell the truth?

    If you have religious reasons for declining to "swear", you may "affirm" that you will tell the truth instead. If you want to say no just for the hell of it or because you don't want to tell the truth, you will be held in contempt and will *very* quickly (in a matter of minutes, not months) find yourself behind bars.Our legal system is not a joke, and neither is your duty to testify. I presume you were subpoenaed, and a subpoena requires you to give truthful testimony. Your obligation to tell the truth attaches long before you are asked to take the oath (which is just a way of documenting that you understand your duty). The parties to this case are real people with serious issues they need the court to resolve -- and who have the constitutional right to require you to appear and to testify truthfully. The jurors are taking time out of their lives to serve our society and deserve not to have their time wasted by witnesses who want to make trouble. The lawyers, judge and various court personnel all have better things to do with their time than deal with a witness who wants to treat the process as a game.If you plan to go through with this idea of yours, bring a toothbrush and some reading material. You will be there a *long* time.

    Edward Hoffman
    Law Offices of Edward A. Hoffman
    6171 West Century Boulevard, Suite 200
    Los Angeles, CA 90045

• summary diposition

  what is a summary disposition and how do I repley to one. I need to file a counter affidavit, for the plaintiff's complaint.as required by MCLA600.2145 how and were do I go. do I have to fill out a general affidavit or affidavit for deptor. I replyed with the answer civil form but that was not good I did not reply right. opposing affidavit

  • Re: summary diposition

    It sounds like a collection case was filed against you. They attached an affidavit making it a "stated account". Your failure to file a counter affidavit means that they have put forth what is known as a "prima facie" case. This means that unless you counter with substantial evidence, they automatically win. You only have 10 days to file the affidavit, unless the court allows you more time. Basically, just file a paper saying that you were first sworn and tell your story as to why you do not owe the money and have it notarized. The judge will probably accept it. You must jump on this due to the time constraints. If you have already blown the time period, get a motion form from the court and file a motion to allow you extra time to file the affidavit. Bill Stern 248-353-9400

    William Stern
    William Stern, P.C.
    24750 Lahser Road
    Southfield, MI 48033

• I-485

  I have submited the I-485 application. My mother isthe petitioner.I think, we did submit heraffidavit of supportwith the originalapplication, whichwas not acceptable.My sister filled out anotheraffidavit, which i sent withmy I-485.Now, they want my mother,saffidavit, again, and sheis not here in the statesnow.Please, kindly guide me thruthis problem. Why would theywant my mother's affidavit,when my sister has recentlygiven an affidavit ofsupport?

  • Re: I-485

    If your mother was, as you say, the I-130 petitioner, generally speaking, the petitioner (your mother) should be the person to submit the I-864 affidavit of support, and if there is a joint supporter (your sister), then it should have been on I-864A affidavit of support to show that you reach the level of support required. For further questions, you should contact Attorney Jennifer Brill to assist you in this matter

    Jennifer Brill
    Law Offices of Jennifer Brill
    San Francisco
    San Francisco, CA 94118

  • Re: I-485

    My only advice is: DO NOT do these immigration applications by yourself. Get a qualified immigration attorney to help you. 75% of the time, maybe more, there's always problems with people doing their own applications. You end up wasting months or even years when the whole thing could have been finished in 4 months.Larry Liem Doan, Esq.www.GuruImmigration.com

    Larry L. Doan
    Law Office of Larry L. Doan
    11664 National Blvd., Suite 317
    Los Angeles, CA 90064

• Just Cant Catch A Break

  My husband served 2 yrs. w/o probation on a 2 count felony drug conviction 12 yrs. ago. For the past 9yrs he's been working, staying out of trouble (except for tickets) 4mths ago went over a friends house after work PD came in with warrant and was charges with the same charges as his friend. Even thought he was clean, just got there & wasn't involved, why did they take him to jail ? Was it because of his prior ? & I know his friend didn't tell the truth, but now his friend feels guilty & wants to sign an affidavit claiming everything confiscated was his. Will this help my husband in court or is it to late ? & if not, can this affidavit be handwritten & notorized or has to be done by a lawyer? If he is convicted will his prior hurt him?

  • Re: Just Cant Catch A Break

    In drug cases, the police routinely arrest everyone present unless someone claims the drugs. If the friend claims the drugs by affidavit, then it will be a confession. This should help your husband. However, more than 1 person can possess the same drugs at the same time. As a result, the affidavit has to not only claim the drugs but explained how your husband just got there. If convicted, then his prior will be used against him. It may be used before to enhance him to a higher charge.

    michael palmer
    Law Office of Michael Palmer
    2908 Jackson
    Houston, TX 77004

• supplement to affidavit?

  i am representing my self in my divorce, pro se. i filed a motion for temporary relief and also an affidavit in support of the motion. i have a few more things i wish i'd included in the original affidavit...and was wondering if now i may i now file a ''supplemental'' affidavit in support of the motion for temporary relief? it's kind of to answer respondent's affidavit that i received just after filing my affidavit. so can i answer his affidavit? or do i simply create a supplemental affidavit of points i didn't know he'd bring up, so didn't include? i need to know the appropriate doc. form for these thoughts. also...i would like to give the respondent the oportunity to read the document i am speaking of before i file it, so that if he wishes it not to be filed and made public, he can settle instead. would that be legal? and if so, do i just drop it off with his attorney so they can review it? i have a protective order against the respondent so we are not in contact directly.thank you so very much for your help.

  • Re: supplement to affidavit?

    You may file the supplemental affidavit. You can also sent it to the respondent before filing. An affidavit needs to include the language "I **, under penalty of perjury affirm the following (or above) is true and correct of my own knowledge and belief...." It must also be notarized. The original always goes to the judge, with a copy to the other parties.

    Alvin Lundgren
    Alvin R. Lundgren, L.C.
    5015 W. Old Hwy 30 Ste 200
    Mt. Green, UT 84050-9752