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Key Witness is Gravely Ill

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  • Key Witness is Gravely Ill

    Hi Everyone,

    My case is moving to trial, but my key witness who has already sworn an affidavit has become gravely ill, and has been in hospital for several months and will not be out anytime soon.

    Can the affidavit stand in trial if the witness cannot testify?

    Thanks for the help

  • #2
    the other party has to have an opportunity to cross-examine the witness.

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    • #3
      Witness is currently in a coma

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      • #4
        Speak to your lawyer if you have one. There may be grounds to allow their affidavit given the circumstances. But that will likely be balanced with the fact that the other side was not able to challenge the individual on its contents, and possibly given less weight accordingly.

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