Filing motion, the respondents are working very, very hard to cover their tracks, i.e. delay delay delay, affidavits alluding to "facts" they know to be not true, etc., etc. trying to get the petition dismissed. Question:
Contained in my motion,(not a point or fact that jeopardizes the motion) considering putting forth a presumption i.e. Considering these facts...... PRESUMPTION SET FORTH:....
Is this a proper way to put forth a Presumption?
In the response to this motion will they have to deny this, or ignore and what effect ignoring will have on the presumption set forth?

an affidavit puts forth facts and they need to be countered or they are left as facts to the magistrate or judge

im not sure presuming anything is valid in a court of facts

There is absolutely NO obligation to answer a bare affidavit, and whether is it rebutted or not it remains ONLY what someone "said" and NOT EVIDENCE of anything other than that someone "said" what the affidavit says.

PLEASE READ MY CLASS ON AFFIDAVITS. :)

you can make a course or run this site it makes no difrence

this is only texas but this is standard
you might wanna re write your course ..

TEXAS SUPREME COURT CLARIFIES RULE ON CONTROVERTING AFFIDAVITS

Once a plaintiff files an affidavit, pursuant to Sections 18.001(b) and 18.001(f), a defendant must file a counter affidavit in order to controvert the reasonableness and necessity of the treatment charges reflected in the plaintiff's affidavits

no you dont have a obligation
but dam well sure have a counter argument or else they will take it as fact

here is some discussion about counter affidavits
i hope this helps
https://tyla.org/enews-posts/traps-for-the-unwary-in-the-uncivil-practice-remedies-code/

There is a BIG difference between filing an affidavit as PART OF A PLEADING and filing an affidavit BEFORE A LAWSUIT HAS BEGUN. An affidavit filed with an employer, for example, is NOT PART OF A LEGAL PROCEEDING, so the Texas law cited does not apply. People are being led to believe they can "file affidavits" with people who are misbehaving and that somehow if the affidavits are not rebutted the contents of the affidavit become irrefutable fact. THAT IS NOT TRUE FOR BARE AFFIDAVITS ... AS EXPERIENCE WILL TEACH YOU. When filed as part of a legal proceeding IN COURT the story is different. Hope this helps others to avoid assuming ALL unrebutted affidavits must be taken as fact, BECAUSE THAT IS NOT TRUE.

im going to stick with what works for me
i cant cover every imaginary situation
there are many straw men situation where it wouldn't work
and were just going to have to assume your intelligent enough to know them

no your dog wont respond to a affidavit or your employer

ive notice that as of late people rather come here and pick arguments with me rather than answer the person questions
lets stick with that shall we