In the law of evidence, the phrase information and belief identifies a statement that is made, not from firsthand knowledge, but "based on secondhand information that the declarant believes is true".[1]
The phrase is often used in legal pleadings, declarations under penalty of perjury, and affidavits under oath.[2] It is often used in a phrase similar to: "The plaintiff is informed and believes, and upon such information and belief alleges".[3] This "protects the maker of the statement from claims of outright falsehood or perjury".[2]
References edit
- ^ Bryan A. Garner ed., Black's Law Dictionary 783 (7th ed. 1999), cited in [1]
- ^ a b Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 5 (2 ed.). Detroit: Thomson/Gale. p. 396. ISBN 9780787663742.
- ^ The Southeastern reporter, Volume 108
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