<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by GKW:
How do I got about getting a written statement that i can present in court from a witness that cannot make it to court to appear on my behalf. How do I present it in court. I have no attorney. The case involves a traffic violation.<HR></BLOCKQUOTE>
My response:
You can have the person state their knowledge of the facts, and what their facts are from their perspective, not their "beliefs" or what they heard from someone else. The Statement must "first hand knowledge" and be made under a written oath of the truth of the matters stated, and have a notarized signature. This is called an "affidavit."
However, I would strongly urge you to have your witness suboenaed to court, because a written statement, while helpful, cannot be cross-examined by the prosecution - - and, depending on the demeanor of the judge, may not even be accepted into evidence over objections to its introduction at your trial.
Good luck.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
