“ Constructive knowledge” includes matters that a person is supposed to know or could have found out. 2014) as “nowledge gained through firsthand observation or experience, as distinguished from a belief based on what someone else has said.” A related concept is “ personal knowledge,” which is defined by Black’s Law Dictionary (10th Ed. It does not include facts or information that the person has forgotten or that is in the person’s old files or records. It refers only to what the person knows when the statement is made. “ Actual knowledge” typically includes only the information of which the person, or group of persons, whose knowledge is at issue, is consciously aware. Using a qualifier with “knowledge” can substantially change the meaning of the term. Contrary to what many people think, the term “best knowledge” is not always best from the perspective of the recipient. A person who makes a statement or representation limited by “knowledge” may, but may not, need to take particular steps, perform certain investigations, and check with others to avoid legal liability. When the term “knowledge” is used, it is very important to determine whether “knowledge” is limited to what the person is aware of at that moment, or whether it applies to what that person knew at any time, extends to what the person had the ability to find out, or even includes what other people may know.ĭifferent information is included within the term “knowledge” depending on whether it is qualified in some manner and what that qualifier is. The term “knowledge” is used in affidavits, applications, representations, warranties, third-party opinion letters and in other legal contexts to indicate that statements are not guaranteed to be true but are correct based on the information of the person making the statement, giving the representation or rendering the opinion. Rule 1.201 adopted effective January 1, 2017."Best" Is Not Always Best When It Comes to Knowledge The requirements of this rule do not apply to documents or records that by court order or operation of law are filed in their entirety either confidentially or under seal. A party may amend its reference list as of right. All references in the case to the redacted identifiers included in the confidential reference list will be understood to refer to the corresponding complete identifier. The confidential list must identify each item of redacted information and specify an appropriate reference that uniquely corresponds to each item of redacted information listed.
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A party filing a confidential reference list must use Confidential Reference List of Identifiers (form MC-120) for that purpose. If the court orders on a showing of good cause, a party filing a document containing identifiers listed in (a) may file, along with the redacted document that will be placed in the public file, a reference list. The court clerk will not review each pleading or other paper for compliance with this provision. The responsibility for excluding or redacting identifiers identified in (a) from all documents filed with the court rests solely with the parties and their attorneys.
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If financial account numbers are required in a pleading or other paper filed in the public file, only the last four digits of these numbers may be used. If an individual's social security number is required in a pleading or other paper filed in the public file, only the last four digits of that number may be used. To protect personal privacy and other legitimate interests, parties and their attorneys must not include, or must redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court's public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court: