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The trial court did not make any findings as to the factual allegations made in the complaint and did not reference any of the testimony adduced in the two-day evidentiary hearing, other than to summarily state that the plaintiffs failed to meet their burden of proof.
Pursuant to the legislative scheme providing for an "immediate hearing" in a contest action, the trial court held a two-day evidentiary hearing on Dec. 2 and 3, 2000, and on Dec. 4, 2000, made an oral statement in open court denying all relief and entered a final judgment adopting the oral statement.
"The trial court did not make any findings as to the factual allegations made in the complaint," the opinion said, "and did not reference any of the testimony adduced in the two-day evidentiary hearing, other than to summarily state that the plaintiffs failed to meet their burden of proof".
I do not find any legal basis for the majority of this court to simply cast aside the determination by the trial judge made on the proof presented at a two-day evidentiary hearing that the evidence did not support a statewide recount.
Mr. Wagner said he would recommend to the agency's commissioners that they convene a 60-day evidentiary hearing that would impose an administrative solution.
"So this one day, Monday, comes.
Finally, he was granted a two-day evidentiary hearing this month, where Melissa and others made brave and impassioned pleas for his urgent release.
Today's ruling comes after a four-day evidentiary hearing in November.
NEW YORK — One day.
That's one Sunday.
One Thursday I forgot.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com