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Evidence: Trials; Contested Matters

9017:  Evidence: Trials; Contested Matters

28 U.S.C. 1746 provides a definition of a sworn statement under penalty of perjury. 

FRBP 9017 provides that the provisions of FRCP 43, 44 and 44.1 apply to trials within adversary proceedings and to hearings within contested matters.

  • FRCP 43: This rule applies when testimony is to be given in open court or by signed declaration
  • FRCP 44: This rule applies when testimony is used to prove the existence and content of official records 
  • FRCP 44.1: This rule applies when testimony is impacted by foreign law

See also section 3-03 of The Central Guide, and section 4 under Rule 9014(e), for more details depending if evidence is to be submitted by declaration or by live witnesses. 

The court also offers instructional videos on presentation of evidence during hearings that are held remotely.  See links below

 

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
9017
Reference to Local Rules and/or Forms: