“Indeed, no more than affidavits is necessary to make the prima facie case.” [United States v. Kis, 658 F.2d 526, 536 (7th Cir. 1981); Cert. Denied, 50 U.S. L. W. 2169; S. Ct. March 22, 1982]”
“Defendant has filed no counter-affidavit, and therefore for the purposes of the motion before the Court, the allegations in the affidavit of plaintiff must be considered as true, Federal Rules of Civil Procedure, Rule 9(d), 28 U.S.C.A.” Group v. Finletter, 108 F. Supp. 327, 328 (D.D.C. 1952)
Uncontested Affidavits Are Fact
“An affidavit uncontested unrebutted unanswered Morris vs. NCR, 44 SW2d 433 Morris v National Cash Register, 44 SW2d 433: [point #4] “An Affidavit if not contested in a timely manner is considered undisputed facts as a matter of law.”
“Allegations in affidavit in support of a motion must be considered as true in absence of a counter-affidavit.” [Group v. Finletter, 108 F. Supp. 327, Federal Case of Group v Finletter, 108 F. Supp. 327] – source
Fraud by Silence – Legal and Moral Duty
Lawyers as officers of the court, and judges as well, have a legal duty to correct the record, and fully answer claims, not hide them with silence, or otherwise mislead the court.
“Silence can only be equated with fraud where there is a legal or morale duty to speak, or where the inquiry left unanswered would be intentionally misleading….. We cannot condone this shocking behavior…This sort of deception will not be tolerated and if this is routine it should be corrected immediately.” US v. Tweel, 550 F. 2d 297 – See also US v Prudden, 242 F.2d 1021, 1032; Carmine v Bowen, 64A. 932 source
This is not legal advise. The excerpts and statements are informational, opinion, and for notes only. You should check all citations, always.
