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A party s affidavit of inability accompanied by an attorney s IOLTA certificate may not be contested. NO. PLAINTIFF VS. DEFENDANT IN THE COURT OF OF HARRIS COUNTY TEXAS PRECINCT PLACE AFFIDAVIT OF INABILITY TO PAY COSTS ORIGINAL ACTION My name is. 10. Dependants. Name Age Relationship I am unable to pay the court costs. I verify that the statements made in this Affidavit are true and correct. Date Completed Signature IOLTA CERTIFICATE I hereby certify that party filing inability to pay has...
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So I want to spend a few minutes talking about some of the things we talked about class yesterday but this one dealing most importantly with the complaint being used in justice and municipal courts now you have to do historical research on this to understand this from this perspective once you've read all the case opinions once you've read how these judges have gone back and done their historical research or more aptly how their clerks have done it you will come to understand that they will write an opinion any way they want regardless of how weak the support for their position is and you can tell when they know they're operating from a weak position because they will hang their hat on one single nail of an argument even though there are six that say that argument is wrong they will completely ignore those six as if they don't exist just so that there one will stand up in the light they want to cast it in and nowhere does that become as obvious as in understanding the issue of the criminal complaint now what I want to do is I want to read you the provision of the Texas Constitution where this entire argument is based and it is ludicrous that they have not reasoned this out beyond the point that they have especially considering the number of years this has been going on but it is article 5 section 17 if I'd get in the right section or right article here I might actually be able to show that article 5 section 17 of the Texas Constitution which is of course the Judicial Department article and we go down to 17 and this is what we read well hang on we'll get there in a second they keep changing the online stuff and moving it around all right section 17 of article 5 terms of County Court prosecutions and juries the prosecution's provision is what interests us the most but listen carefully for this the County Court shall hold terms as provided by law okay that's terms of court that's the only line dealing with what's in the title four terms of court the second is prosecution which is this line prosecution's may be commenced instead court by information filed by the county attorney or by affidavit as may be provided by law now what the courts are trying to say is that the affidavit in this case is the criminal complaint now here is the problem with that argument first off you have to understand what an affidavit is and what an affidavit isn't a document can only be a proper affidavit if it meets several specific legal criteria as set forth by the courts a couple of those criteria are one it cannot contain any qualifying statements such as the a Fiat is of the opinion that or the affiant believes that or the a Fiat thinks that or the affiant understands that none of those will be sufficient in an affidavit for it to comply and be a valid affidavit for the purpose of submitting it in a court another element of an affidavit is it must be signed in the affiant section and the signature for the athlete must be someone with personal knowledge of the facts...