What documents are admissible as evidence?

[iws2018]

I'm preparing for a trial where we'll be arguing spousal support, among other things. I'm structuring my arguments around the strength of compensatory and non-compensatory claims, and specifically, roles during the marriage.

My arguments will be supported by various evidence. In some cases, it is documents such as copies of receipts where I made payments for my spouse's education, or kid's camps registration and payment receipts bearing my name. This type of evidence looks pretty straightforward and I understand is admissible in court.

My question is about evidence such as signed third-party letters. For example, from school teachers, stating that I attended parent-teacher meetings and field trips; from the school council chair, stating that I was a member of the school council; from the kid's dentist, stating that I brought the kid to dental appointments; from parents at kid's daycare, stating that they saw me regularly dropping off and picking up the kid.

Are these letters admissible in court? My lawyer is telling me they are not, because the spouse is not able to cross-examine a letter, and that I'll need to bring all these witnesses to the trial in person to allow for cross-examination.

Is this accurate? What makes a document (vs. a live witness) admissible in court? Is it only when a document is issued by an organization, vs. a person? Is a letter written on an organization's letterhead admissible without the signing person testifying in court? Is there anything in between - e.g. a sworn affidavit, a notarized third-party letter (perhaps to prevent fake/forged letters)?

Obviously, it will be hard to drag a dozen witnesses to court (and the court may not be willing to allocate the time for that), however I'm trying to find more ways to support my claims.

Any tips are welcome.

[sahibjee]

I'm preparing for a trial where we'll be arguing spousal support, among other things. I'm structuring my arguments around the strength of compensatory and non-compensatory claims, and specifically, roles during the marriage.

My arguments will be supported by various evidence. In some cases, it is documents such as copies of receipts where I made payments for my spouse's education, or kid's camps registration and payment receipts bearing my name. This type of evidence looks pretty straightforward and I understand is admissible in court.

My question is about evidence such as signed third-party letters. For example, from school teachers, stating that I attended parent-teacher meetings and field trips; from the school council chair, stating that I was a member of the school council; from the kid's dentist, stating that I brought the kid to dental appointments; from parents at kid's daycare, stating that they saw me regularly dropping off and picking up the kid.

Are these letters admissible in court? My lawyer is telling me they are not, because the spouse is not able to cross-examine a letter, and that I'll need to bring all these witnesses to the trial in person to allow for cross-examination.

Is this accurate? What makes a document (vs. a live witness) admissible in court? Is it only when a document is issued by an organization, vs. a person? Is a letter written on an organization's letterhead admissible without the signing person testifying in court? Is there anything in between - e.g. a sworn affidavit, a notarized third-party letter (perhaps to prevent fake/forged letters)?

Obviously, it will be hard to drag a dozen witnesses to court (and the court may not be willing to allocate the time for that), however I'm trying to find more ways to support my claims.

Any tips are welcome.

I am not a lawyer, but I believe that the documents are admissible but are of no value since the other party cannot cross examine.
On the other hand if you have any pictures to show that you participated in our kids life, took them to the dentist etc, have parking tickets form the dentists office, those might corroborate your stories better without the nessassity of bringing all these witnesses.

[Kinso]

My lawyer is telling me they are not, because the spouse is not able to cross-examine a letter, and that I'll need to bring all these witnesses to the trial in person to allow for cross-examination.

Is this accurate?

Yes. Your lawyer is correct. At trial you cannot just show letters written by people or organizations are proof of anything. You need the someone to testify.

Your alternative is an affidavit, not a letter. However, the other side should still have the opportunity to cross examine. Ask your lawyer about a Request to Admit, to see if the other side will simply agree to the material facts you'd like the witnesses to offer evidence of. If they won't, then you'll need to summons the witnesses.