written testimony

[billyjeangml]

ID
We are about to do De Novo (hearing #2) of a small claims issue. Can i submit written / signed testimony of my own kid at this hearing?

 

[justalayman]

It is considered hearsay evidence and as such is generally not allowed.

Is there some reason you can’t bring your children?

 

[adjusterjack]

ID
We are about to do De Novo (hearing #2) of a small claims issue. Can i submit written / signed testimony of my own kid at this hearing?

Every party to a lawsuit has the right to question anybody giving evidence against him/her. You can't question a piece of paper so the written statement is likely to be disallowed because your kid isn't there to testify and be questioned.

Bring your kid instead of the piece of paper. But understand that the court will consider your kid biased in your favor so his testimony won't be given much credibility so I hope you have other evidence to support your position.

 

[billyjeangml]

It is considered hearsay evidence and as such is generally not allowed.

Is there some reason you can’t bring your children?

can bring my daughter. just hoped to avoid the stress on her. she would only be testifying to one small issue of larger case....not even sure it is worthwhile. given the feedback here sound like it probably isn't.

 

[quincy]

How old is your child?

 

[billyjeangml]

10

 

[adjusterjack]

Why would you think a 10 year old's testimony would be helpful to your case? In other words, what is the dispute about, what was it that she witnessed, and why aren't you able to prove your case without her?

 

[quincy]

10

Thank you for answering my question.

I think it is usually best to avoid having children testify unless their testimony is vital to a case.

 

[HRZ]

Written submissions might be inadmissible under rules against hearsay .

IF you lack the Moxie to cross examine the enemy and discredit him then you best use an attorney!