Will Say Statements

[robrjm]

Does anyone know how to do these? I need to know the formate or form to put the statements that my witness will say in court. Do I serve these statement in the continuing record?

[logicalvelocity]

Another parties statements would be considered hearsay. If the information is significant to the issues; Why not have the individual complete their own affidavit whereby they could be subject to cross examination if need be.

lv

[FL_Needs_To_Change]

We used affidavits from friends and family on issues that they were privy to and have first hand knowledge of.

They prepared these affidavits on their own, without any input from us since we did not want them to sound like we had influenced them in any way. They had them sworn as true, and we submitted them into the continuing record. If the case goes to trial any such affidavits can be revisited, and as LV stated, open to cross, but that's no big deal when all involved are telling the truth. In the even the people making the affidavits cannot attend in person for cross, you can ask the courts permission to have their statements used in their absence, since not all will be able to get the same time off to attend on your behalf. Sometimes the courts will allow the affidavits, however, they are hearsay, and if the other side cannot cross, the courts may not allow them. It’s a judgement call for both you and the courts to use the affidavit route.