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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.

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15y ago

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Can you use a written witness statement in small claims court?

Generally, written testimony is unavailing if the other side does not have a chance to cross-examine the witness. It doesn't hurt to try, though, if that's the best you can do. A notarized statement might be very helpful to establish damages if the other side defaults (does not show up) and you can be awarded whatever damages you can prove.


Will a written statement help in small claims court if the witness cannot appear in court?

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.


Can a witness statement be used as evidence in a court of law and is the person who fills out a witness statement subject to purgury?

yes


How can a witness get out of testifying in court?

Once you are subpoenaed you can not get out of it.


How old do you have to be to approach the witness stand?

On witness's statement to investigators - no. On the usability and admissability of them in court - yes.


You were subpoenaed but will be out of state when the court date is set will a written statement suffice in place of your appearance?

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.


What is a statement in court my witness about what someone has told the witness not what the witness actually saw it's usually not allowed by the judge?

This is hearsay, which is a secondary source of information that is not allowed.


How do you use the word 'statement' in a sentence?

There were a lot of holes in the suspect's original statement.The bank statement says we are in debt.


What is the definition of testimony?

1. Law . the statement or declaration of a witness under oath or affirmation, usually in court.2. evidence in support of a fact or statement; proof.3. open declaration or profession, as of faith.


Does the offender get to see the witness statement. Will they see personal information?

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.


Is a witness statement be used as evidence in a court of law?

It can be. It is up to the prosecutor or the defense lawyer. They need to be notarized.


Can a wife be made to testify if she made a statement?

if it was a written statement yes she can be called to court