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Affidavits: Drafts and Responses...Your advice

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  • #1
    I am thinking that the letter wont hold any weight. The author hasnt sworn it and cannot be cross-examined. As far as the judge knows the person presenting the letter wrote it themselves, not the person they claimed did.

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    • #2
      If the other party does not contest a piece of evidence it is accepted as true. The judge doesn't care so much if it is a letter signed by someone, or an affidavit, unless/until it is contested. If the other party contests a letter as forgery, that is when you must jump through hoops to prove it. An affidavit is sworn and notarized so it is by definition an accurate record of someone's words. It can still be contested in cross examination. If the person who swore the affidavit is not available for cross-examination, then the affidavit carries no more weight than a letter.

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