Wednesday, July 18, 2007

And we all freaked out, what a shame

PT review - what are the first two lines that MUST be included in an affidavit, which the CBX folks won't tell us about? I have no clue, and considering that this is the only PT prep I'm going to do, any help would be appreciated.

3 comments:

Anonymous said...

I think it is the identity of the party, and then the basis for their knowledge. If thats wrong i dunnno.

Now with 110% more bitter! said...

That was my guess. And what I'm going with on the actual PT if it comes to it.

Anonymous said...

Try.

I ____, declare as follows:

I have personal knowledge of the matters set forth herein, and, if called as a witness, I could and would testify competently as to all such matters.

This establishes at least a baseline foundation (personal knowledge) and the declarant's willingness to testify as to the same.

And then, the last sentence reads,

I declare under penalty of perjury under the laws of (if state court, "state," if federal court, "the United States of America" that the foregoing is true and correct and that this declaration was executed on July 24, 2007, at Santa Barbara, California (wherever the declarant is located.

This is the money phrase that allows the court to charge the declarant with perjury if lying. Get state/federal right based on facts. Different laws. I think it has something to do with subjecting yourself to the jurisdiction of the court (if you are out of state, you subject yourself to the laws of the state where you file the decl. I am not sure why you put the city, but in California you do.

good luck on the bar. Remember, you don't have to Ace it, you just have to pass it. And if you don't know the law, don't be shy about making it up. The person that grades your essays/mpt's is a lawyer who is getting paid peanuts to do so. And while we would like to think that it is a s.ct. clerk who is grading, it is probably on the other side of the sliding scale. So when you bullshit, be confident (although, you can always add some countervailing considerations).