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The missing evidence must be material to some issue in the case. [88] Generally, in a civil case, a continuance sought due to absence of evidence will not be granted unless reasonable diligence has been used to procure it. [89] The question of diligence is a matter of fact, addressed to the sound discretion of the court. [90]
This continuance is not proved by positive evidence, but by the absence of the existence of new evidence. Al-Qarafi expressed it as the validity of the former state in the following words. Istishab means the belief that the past or present matter must be assumed to remain as it is in the present or future.
This standard is also known as "clear, convincing, and satisfactory evidence"; "clear, cognizant, and convincing evidence", and is applied in cases or situations involving an equitable remedy or where a presumptive civil liberty interest exists. For example, this is the standard or quantum of evidence use to probate a last will and testament.
Huerkamp said his office needed more time to review the evidence and prepare for trial. Two days later, Guilfoyle's lawyer Judson McMillin filed his own motion for a continuance. He said his ...
Evidence management is the administration and control of evidence related to an event so that it can be used to prove the circumstances of the event, and so that this proof can be tested by independent parties with confidence that the evidence provided is the evidence collected related to the event.
This was the third and last continuance Boone said he would grant. ... “The parties have met and conferred on several occasions regarding the evidence in the case and the terms of potential plea ...
In the acceptance and continuance phase, audit evidence is the information the auditor considers before making their decision. Some examples of this are the competency and capability of the audit team, integrity of key employees in the client company, if relevant ethical requirements are able to be met, and any other implications that will ...
"The continuance is due to the impact of recent wildfires on the parties’ extensive preparations for the hearings," Hochman wrote in a brief statement. ... in which some of their evidence about ...