information and belief

information and belief
n.
A legal term used to describe testimony that is not based on a witness’s firsthand knowledge but that the witness nevertheless sincerely believes to be true, and that is based on a reasonable, good faith effort to know the truth.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


information and belief
Language used in legal proceedings to qualify a statement and prevent a claim of perjury. A person making a statement based on information and belief often lacks personal knowledge as to the statement but has a belief that the information is correct. In effect, the person is saying, "I am only stating what I have been told, and I believe it."
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.


information and belief
A standard phrase added to qualify a statement made under oath; a phrase indicating that a statement is made, not from firsthand knowledge but, nevertheless, in the firm belief that it is true.

Dictionary from West's Encyclopedia of American Law. 2005.


information and belief
A standard phrase added to qualify a statement made under oath; a phrase indicating that a statement is made, not from firsthand knowledge but, nevertheless, in the firm belief that it is true.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

information and belief
n.
   a phrase often used in legal pleadings (complaints and answers in a lawsuit), declarations under penalty of perjury, and affidavits under oath, in which the person making the statement or allegation qualifies it. In effect, he/she says: "I am only stating what I have been told, and I believe it." This makes clear about which statements he/she does not have sure-fire, personal knowledge (perhaps it is just hearsay or surmise) and protects the maker of the statement from claims of outright falsehood or perjury. The typical phraseology is: "Plaintiff is informed and believes, and upon such information and belief, alleges that defendant diverted the funds to his own use."

Law dictionary. . 2013.

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Look at other dictionaries:

  • information and belief — A standard legal term which is used to indicate that the allegation is not based on the firsthand knowledge of the person making the allegation, but that person nevertheless, in good faith, believes the allegation to be true. A request for a… …   Black's law dictionary

  • information and belief — A standard legal term which is used to indicate that the allegation is not based on the firsthand knowledge of the person making the allegation, but that person nevertheless, in good faith, believes the allegation to be true. A request for a… …   Black's law dictionary

  • information and belief — See upon information and belief …   Ballentine's law dictionary

  • upon information and belief — Qualifying a statement as made, not as a fact, but as believed to be true from information. 5 Am J2d Arr § 14. See allegation on information and belief …   Ballentine's law dictionary

  • allegations upon information and belief — Allegations in an affidavit in the form of statements to the best of the affiant s information and belief, not as of a certainty. 3 Am J2d Affi § 22 …   Ballentine's law dictionary

  • on information and belief — See upon information and belief …   Ballentine's law dictionary

  • affidavit upon information and belief — One which is little more than a statement of opinion and lacks the essential of a positive statement required to support a prosecution for perjury. 41 Am J1st Perj § 26 …   Ballentine's law dictionary

  • averment on information and belief — An allegation in a pleading which states that the pleader is informed and believes the facts stated to be true, instead of making a direct statement of such facts. 41 Am J1st Plead § 40 …   Ballentine's law dictionary

  • belief — be·lief n: a degree of conviction of the truth of something esp. based on a consideration or examination of the evidence compare knowledge, suspicion Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • information — in·for·ma·tion n: an instrument containing a formal accusation of a crime that is issued by a prosecuting officer and that serves the same function as an indictment presented by a grand jury compare complaint 2, indictment ◇ About half the states …   Law dictionary

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