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November 11, 2006
KFB sounds off on mid-term elections, tax reform, Executive Branch retirement age.
The Kid From Brooklyn in his November 10 video.
Posted by JD Hull at 11:59 PM | Comments (0)
"Declarations" as Substitutes for Affidavits
We've mentioned declarations in lieu of affidavits before. In 1976 Congress passed a barely-noticed housekeeping addition to Title 28, the U.S. Code provisions on federal courts. 28 USC section 1746 allows witnesses to prepare and execute affidavits without appearing before a notary. But many lawyers who practice in federal courts don't know about its existence. An un-notarized "declaration" with the simple oath required by section 1746 can be used any time you need an affidavit, e.g., an affidavit supporting (or opposing) a summary judgment motion. The declaration has the same force and effect of a "regular" notarized affidavit--and saves witnesses and lawyers the time, cost and aggravation of getting statements notarized.
Posted by JD Hull at 06:04 PM | Comments (0)
Curmudgeon This--For Now.
Busy as I am defending corporate America and European companies from the forces of darkness and dumbness, traveling around the U.S. and western Europe with my new assistant Ms. Bry, working hard to get a couple of good books turned into movies, and trying here and there to teach people in my shop about the Holy Surprise and Miracle of Rule 36 and the fun break-dancing between Rules 30, 45 and 34, I feel very left out. I haven't read or even held in my hands Mark Herrmann's popular book The Curmudgeon's Guide to Practicing Law (ABA Litigation Section, 2006). But I want to read it, and will, for a few reasons:
First, you hear and read everywhere that Herrmann's Curmudgeon's Guide is intelligent and very funny. Second, about my vintage, Mark's a trial lawyer and writer with real lawyer credentials from a legendary firm (Cleveland-based Jones Day, ruled for years with an iron hand by a legendary curmudgeon) which was big, international and multi-officed before all that was cool. Mark's firm, unlike many firms from 250 to 3000 plus lawyers on growth streaks, seems to have expanded without doing great violence to or compromising its own gene pool. Third, WSJ Law Blog's Peter Lattman (e.g., here) likes Mark's book a lot, and has posted about it three times. Finally, and importantly, Arnie Herz, of Legal Sanity, did read Mark's book--and, hey, Arnie liked it. Arnie, also busy, is wise, perceptive, discriminating, and with a litigator's filter. That's enough for me until I get to Mark's book. See Arnie's post "The Curmudgeonly Law Firm Mentor".
Posted by JD Hull at 05:51 AM | Comments (0)