'Nineteen of the affiants
said they did not actually sign the petition, they disowned the petition.
The aforesaid was mentioned in a judgement issued by the District Court of Larnaca on 10.5.2019, whereby it was also said that the particularity of the liquidation application of the company requires to be heard based on the submitted affidavits of the parties, with the possibility of submitting oral evidence explicitly through the cross-examination of the affiants
; such an order for cross-examination must be rarely issued, having in mind that the aforesaid application is not offered for the issue of a judgment on the general rights and obligations of the parties, but its exclusive purpose is to issue the liquidation order.
"I never did notarize said affidavit of witness.., and neither did such affiants
appear before my office," he said.
He asserts that before trial his lawyer received five affidavits that corroborated Lee's story or provided exculpatory details, but that counsel did not interview the affiants
. In Lee's postconviction proceedings the state judiciary did not hold an evidentiary hearing.
The postconviction court denied the petition without holding an evidentiary hearing.<br /> <br />The Supreme Court held that (1) a prophylactic reversal of the postconviction court's denial of claims that were based on two affidavits was required because the court assessed the affiants
' credibility without first holding an evidentiary hearing; and (2) the postconviction court did not abuse its discretion by summarily denying appellant's remaining claims because, even when considered to be true and viewed in a light most favorable to appellant, the facts alleged in support of those claims did not satisfy the newly-discovered-evidence or interests-of-justice exceptions to the postconviction statute's 2-year statute of limitations.
In litigation, affidavits, although accurate, may be drafted by lawyers for the signature of the affiants
, and the memories of people who are involved in litigation may fade or change over time, the court says in the opinion.
During the hearings, the Sasikala-Dhinakaran faction challenged the genuineness of many fresh affidavits filed by the Panneerselvam-Palaniswami combine, seeking permission to cross-examine the affiants
(369) Faced with such unconfrontable but impressive-looking affidavits, defendants stood little chance of disputing them, even though the documents suffered "hearsay dangers." The human affiants
, while not bearing witness in court, clearly served as "witnesses against" the accused for purposes of implicating a right of confrontation.
With [the requirement of] two affiants
that have to appear in front of a judge, you have no police on the street.
Nearly all the affiants
insisted that the company had bullied or tricked them into signing TWIU cards; they now wanted to resign from the company union, and intended to remain members of the NUTW.
. (58) The application was triggered by information that was
(17) However, based on further study, greater innovation in the psychological community, and the line of mental capacity jurisprudence that developed in the past two and half decades since Hill's first conviction, many of those affiants
later retracted their assertions.