Trinsey v. Pagliaro, 229 F.Supp. 647: when you read it you will find that it is THE case cited for FRCP 12(b) (6). Now, while what it says at 12(b) (6) is good, notice how plaintiff has highlighted some items from the actual decision, it goes MUCH further than 12(b) (6) does and we should also. Keep in mind the two Maxims in Law that are opposite sides of the same coin: Truth is Expressed in the Form of an Affidavit, & An Un-rebutted Affidavit stands as Truth in the Matter. The ruling also stated clearly that An attorney for the plaintiff cannot admit evidence into the court. He is either an attorney or a witness. So if the prosecutor is the states attorney, any affidavit entered by the prosecution is null and void as it contains no firsthand knowledge.
Posted on: Tue, 30 Dec 2014 23:05:56 +0000
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