deposition
Added: Correct. But a deposition can be used in only very limited circumstances and is open to challenge by the opposing side which will force a ruling by the judge on its admissability.
Yes, a written witness statement can be used as evidence in small claims court. It is important for the statement to be signed and dated by the witness, and ideally notarized for added credibility. The court will consider the witness statement along with other evidence presented during the case.
Yes it needs to be signed dated and notorised. Then it will not carry as much weight as a live witness but depending on what the statement says it has the potential to help.
yes
Once you are subpoenaed you can not get out of it.
On witness's statement to investigators - no. On the usability and admissability of them in court - yes.
No, a written statement will not suffice in place of your appearance. No written statement by a witness is acceptable even if it is made in the form of an affidavit or certification, because the other party is not able to cross examine a written statement. Nor would the finder of fact able to see the witness testily in order to judge his or her credibility. The only way possible would be if all parties either agreed to allow it or if they stipulated to the facts in the statement.
This is hearsay, which is a secondary source of information that is not allowed.
There were a lot of holes in the suspect's original statement.The bank statement says we are in debt.
Testimony is a formal written or spoken statement given by a witness in a court of law. It involves providing evidence or information based on one's personal knowledge or experience to help establish the truth in a legal case.
In some legal systems, the offender may have the right to see the witness statement, but usually personal information is redacted to protect the witness's privacy. The court usually determines what information can be disclosed to the offender.
It can be. It is up to the prosecutor or the defense lawyer. They need to be notarized.
A witness can make written statements of their own recollection and have THEM notarized if they wish, although I am unclear as to what purpose this would serve. A witnesses statement (notarized or not) cannot be substituted for their actual appearance and in-person oral testimony in court. Any oral statements made by a witness to investigating authorities are assumed to be truthful and accurate, and no need exists to notarize the notes that the investigators will take. Witnesses DEPOSITIONS can be notarized, although most depositions are given/taken while under oath anyway.