Topic: without having heard live testimony, the trial court was in… · Go Syfert
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Topic #2232

4 canonical passages across 4 cases, quoted by 13 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Addison Insurance v. Fay.

#Case FlagCanonical passage Citers
1 Addison Insurance v. Fay Anchor
ill · 2009
green “without having heard live testimony, the trial court was in no superior position than any reviewing court to make findings, and so a more deferential standard of review is not warranted.” 4
2 Burks Drywall, Inc. v. Washington Bank & Trust Co.
illappct · 1982
green “ule is satisfied if from the document as a whole it appears that the affidavit is based upon the personal knowledge of the affiant and there is a reasonable inference that the affiant could competently testify to its contents at trial.” 3
3 People Ex Rel. Waller v. Harrison
illappct · 2004
green “generally, the manifest weight of the evidence standard of review applies if the trial court heard courtroom testimony, but a de novo standard applies when the trial court heard no testimony and ruled solely on the basis of documentary evidence.” 3
4 Roe v. Jewish Children's Bureau
illappct · 2003
green “court's determination of whether an affidavit offered in connection with a motion for summary judgment complies with rule 191 is a question of law subject to de novo review.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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