"On information and belief"...

[Firespirit]

I've been reading Moss v. Bush (Arnebeck's lawsuit). He outright accuses the Bush people of hacking the computers and planting program code that would alter the results. "On information and belief" he alleges it.

The first question, is that just a relatively meaningless legal formality, or must he actually have information to that effect if he says it?

And if so, is he likely to present this "information"? Because I don't see anything else to back it up. I must say, after reading it I am surprised that the case took so long to file originally. Some of it is a consolidation of things that have been available online for awhile.... except, I will add, for his allegations of pre-11/2 computer fraud and ballot tampering. If he has proof of any of that, then this case is explosive. But as for the initial delay--he's either incredibly lazy, which I don't believe, or this main filing is not what delayed it.

Link at bottom of page: http://www.thealliancefordemocracy.org/html/eng/2230-AA.shtml

(I think this is the old version that includes the Moyers race, and it doesn't include the Buchanan Diebold affidavit.)

[righteous1]

1. I would have preferred it read

"evidence and belief"

[Firespirit]

2. FWIW...

He also uses it when discussing the Katrina Sumner story in Greene County.

I know next to nothing about the legal significance of these terms.

[righteous1]

8. From what I understand, which isn't that much

"Information" legalistically is a very general term, can mean almost anything, as opposed to evidence which from the standpoint of a court cannot be heresay (anecdotal) or speculative in nature. Maybe a good lawyer can help clarify this.

[SueZhope]

3. Its best to ask any lawyers in the house.

I think there was also some talk about this on Du
last week .

[mcscajun]

4. "On information and belief..." is standard legal boilerplate language...

...you'll find it wherever charges are made.

[ET Awful]

5. Yup, don't put too much faith in "on information and belief" or

"I am informed, and believe, and on that basis allege," both are very common boilerplage language used in declarations and affidavits.

For the most part, it's the same as saying "My personal belief is XXXX, and I'm gonna try my damndest to make you believe it too."

[mcscajun]

6. Yeah...just like "...being of sound mind and body..." in wills.

:P

[ET Awful]

7. Hehehe

I had to witness a will for a guy that was dying of lung cancer one time while he was in his hospital bed. They had to lift his arm off the bed and drop it on the paper.

BUT, the guy could speak perfectly coherently, so I was willing to witness based on that. He spent 15 minutes before hand warning me about the dangers of smoking (stupid me, it still took another 10 years or so before I finally quit).

[Blue_In_AK]

9. I and B -- Standard legal language

Also complaints are usually set out in very general terms and worded in as broad language as possible to encompass just about any eventuality that might later be discovered. The details are filled in through the discovery process.