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HALLEX I-4-130
Office of Hearings and Appeals
Social Security Administration (S.S.A.)
Department of Health and Human Services

Volume I
Division IV: Civil Action
Subject: New Court Cases
Chapter: I-4-100

June 30, 1994

Current through June 1997

I-4-130 AFFIDAVITS--GENERAL

An affidavit is essentially a statement of the facts in the case. The U.S. Attorney uses the affidavit as a supporting document accompanying a motion filed with the court. The affidavit must not contain any legal argument, evaluation of the evidence or case law citation.

An operating Division Director (or an analyst designated as Acting Director) will sign the affidavit. The division clerks will prepare routine "untimely filed" affidavits and submit them to analysts for review. Analysts prepare all other affidavits. The operating division prepares affidavits in final form for direct filing with the court. Because OGC or the U.S. Attorney will not normally have an opportunity to review the affidavit together with the contents of the claim file, the analyst must ensure that the affidavit completely reflects all the pertinent facts in the record. When possible, the analyst must coordinate non-routine affidavits with OGC in advance.

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