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Affidavits. Are they an inferior form of evidence?

Posted on 1/25/21 at 9:47 am
Posted by RiverCityTider
Jacksonville, Florida
Member since Oct 2008
6608 posts
Posted on 1/25/21 at 9:47 am
Seldom given credence?

The reason I ask is obvious. Tons of affidavits apparently dismissed out of hand. They have been made out to be some sort of a joke?

Do people sign these affidavits lightly?


Or are the things they are attesting to inadequate in and of themselves to make a case, rather true or not?

Posted by theunknownknight
Baton Rouge
Member since Sep 2005
60171 posts
Posted on 1/25/21 at 9:48 am to
Only if given by conservatives
Posted by CaTiger85
Member since Feb 2020
1394 posts
Posted on 1/25/21 at 9:48 am to
Should have gotten some dossiers.
Posted by SidewalkDawg
Chair
Member since Nov 2012
10201 posts
Posted on 1/25/21 at 9:48 am to
How much are affidavits worth if the signer knows they will never see the inside of a court room?
Posted by BamaScoop
Panama City Beach, Florida
Member since May 2007
56698 posts
Posted on 1/25/21 at 9:57 am to
It a high school year book is Rick solid evidence of a college rape.

We have lost our government, get on with your lives!
Posted by GhostOfFreedom
Member since Jan 2021
13086 posts
Posted on 1/25/21 at 9:58 am to
The people risked everything to sign those affidavits. They are evidence and definitely not inferior....

Until our justice system just made them worthless and meaningless. Damn you "latches, too early, no standing, and other phony excuses " judges. You all made a bad, disgusting joke of our justice system. smh, shame.
Posted by BiteMe2020
Texas
Member since Nov 2020
7284 posts
Posted on 1/25/21 at 9:59 am to
Yes, but typically, the affiants have to show up and testify that their written affidavit was true to their knowledge.

Which many would do happily, but which few courts have entertained.
Posted by geauxturbo
Baton Rouge
Member since Aug 2007
4385 posts
Posted on 1/25/21 at 10:00 am to
Anonymous whistle blower > affidavits

in fact, anonymous progressive anything > hard evidence
Posted by Plx1776
Member since Oct 2017
18162 posts
Posted on 1/25/21 at 10:04 am to
quote:

Only if given by conservatives


Truth. If they are given by Democrats, even if it's sloppy with an unverifiable signature... that shite will be treated of greater importance than the physical, literal, constitution.
Posted by Rekrul
Member since Feb 2007
9289 posts
Posted on 1/25/21 at 10:04 am to
Affidavits? Those are a joke, get with the times man. Did you even watch the impeachment testimony about the Ukraine allegations?

Second and third hand hearsay is now rock solid evidence. Though not quite as solid as anonymous sources and it pales in comparison to a person’s feelings but hearsay would easily get a death sentence in a murder trial nowadays.


Posted by LSUFAITHFUL
Member since Oct 2007
1089 posts
Posted on 1/25/21 at 10:05 am to
Affidavits are not admissible at trial as they are considered hearsay, unless a hearsay exception is met.

They are admissible as evidence attached to certain pleadings. For example to attach to a motion for or against a motion for summary judgment.

You need zero evidence (affidavit or otherwise) to get past the pleading stage. Meaning, the judge has to assume all your allegations are true in considering a motion to dismiss. In fact he’s not supposed to consider evidence. He has to assume all allegations are true. All the election challenges were tossed at the pleading stage on procedural issues. Standing - court basically saying even if all your allegations are true, you are not the proper person to sue for this. Laches - court saying even if all allegations are true, you waited too long to raise the issue. Courts didn’t consider evidence.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
35959 posts
Posted on 1/25/21 at 10:10 am to
Affidavits are minimally effective by themselves unless given in conjunction with particular evidence in official court proceedings.
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
35549 posts
Posted on 1/25/21 at 10:57 am to
People are sitting in prison or on death row for murder because of sworn witness affidavits and testimony.

They apparently only don't matter when they make Orange Man Bad look not so bad.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
23841 posts
Posted on 1/25/21 at 11:12 am to
The thing is, the cases were dismissed on a primarily procedural basis (no standing) and not an evidence basis.
Posted by jonnyanony
Member since Nov 2020
14904 posts
Posted on 1/25/21 at 11:14 am to
quote:

How much are affidavits worth if the signer knows they will never see the inside of a court room?


This is it, but it cuts both ways.
Posted by hawkeye007
Member since Feb 2010
6073 posts
Posted on 1/25/21 at 11:18 am to
this is the most ignored fact of the arguement. These states in question's GOP legislatures had months to sue over the new voting laws. 99% of them didnt until after the election. PA did a week before the election. So why didnt the state GOP's sue over the illegal election laws they claim ahead of time?
Posted by GregoryD
Member since Dec 2016
421 posts
Posted on 1/25/21 at 11:31 am to
quote:

These states in question's GOP legislatures had months to sue over the new voting laws. 99% of them didnt until after the election. PA did a week before the election. So why didnt the state GOP's sue over the illegal election laws they claim ahead of time?


Yep, PA did. And what did the state do? It sequestered the ballots as they received them so that the official count could be easily determined either way. Turned out not to matter given the size of Biden's victory there, but it could have.

You'll also note that the GOP filed no lawsuits and objected to no electoral votes against Texas, or North Carolina, or a number of other states which did similar things to the swing states but voted for Trump.
This post was edited on 1/25/21 at 11:33 am
Posted by ApexTiger
cary nc
Member since Oct 2003
56176 posts
Posted on 1/25/21 at 11:35 am to
quote:

Only if given by conservatives



Correct, contrast with progressive activist- Blassey Ford sent her story in via a napkin...

and was granted front row before America and Congressional committee

this is why we hate the GOP...these kinds of things are so lopsided
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