Avoiding a summons to witness

Helpinghands said:
Well obviously all these comments are meaningless because none of you know the facts of the case.
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And nor do you understand the basic concepts of relevance in a civil court proceeding.

The only time it would be worth anything to bring forward a hostile witness against a party is if they have previously sworn an affidavit that contains nonsense. You can use the cross examination on their affidavit evidence against them. Often, it is easy to lie on paper but, when you put someone on the stand they fall apart. Especially deadly when the witness has provided a sworn affidavit (paper record) of their nonsense.

But, generally, it is better to narrow the issues and have the affidavit tossed because the other party did not call them as a trial witness. It says a lot to a justice when a witness doesn't show up after having provided an affidavit... It echos loud that the person can't support their lies.

I would recommend going the cheaper and less hostile route of just simply asking for the affidavit of a witness who is not being cross examined to be removed from the record. It narrows the other party's theory of the case significantly.

This is why I advise all litigants to draw upon very few "witnesses" hearsay evidence about how someone "feels" about the other party and how "great" you are is not relevant. In fact, it often demonstrates who the hostile and aggressive party is... the person who goes out and tries to win over everyone to legally assault the other party with nonsense.

Good Luck!
Tayken
 
Motion for substituted service of the summons on the witness, to be carried out by serving any adult in her household and mailing a copy addressed to her the same day.
 
Thanks everyone! This message is for tayken... What happens if we have a recording of something that was supported while talking and emails and texts to support all of that... But two weeks after that party changes 180 degrees? At the very least it will shake the credibility of that witness , right?
 
Helpinghands said:
Thanks everyone! This message is for tayken... What happens if we have a recording of something that was supported while talking and emails and texts to support all of that... But two weeks after that party changes 180 degrees? At the very least it will shake the credibility of that witness , right?
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is the person who is using the texts and emails the original recipient of those things? If not then how did they get them? As for the recording, there are strict rules on who can record stuff.
 
Yes, have all the texts on the phone that can be produced at trial. Would be very interesting when the witness denies the text and emails and phone call and we show the judge everything legit and right! What happens in situations where the witness is lying under oath?
 
I believe perjury is essentially contempt of court. Everything comes down to the prerogative of the judge unless someone files charges. If your witness lies, and there is irrefutable evidence, the judge could fine the witness. I do believe the matter of perjury/contempt would have it's own hearing.

Let's face it - family court is pretty much one big lie. People lie in affidavits all the time because they can get away with it by saying their affidavit is merely their own personal interpretation of the matter at hand.

I think a good way to approach it is not to hope someone lies when giving testimony but rather you hope your witness tells the truth so that matters can be dealt with.
 
Helpinghands said:
Yes, have all the texts on the phone that can be produced at trial. Would be very interesting when the witness denies the text and emails and phone call and we show the judge everything legit and right! What happens in situations where the witness is lying under oath?
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has the witness provided an affidavit? Is the evidence communications that were directly between your friend and the witness? Why are you saying "we show the judge"? Are you a party to this action?
 
Yes the evidence communications is between my friend and this witness. I just say "we" cuz I'm her friend and it's easier to say that instead of my friend :)
 
Arabian... This witness is actually other party's sister who obviously changed her statement once the court started. My friend has all the communication with her on tape, email and text that is going to be used as evidence.
 
It would be interesting to see if she is on stand and denies that she said that and out comes the recording/txt/emails. My friend was told by a few lawyers that tape recordings may be permitted if the judge feels that it's important to the case. Especially if it's self rep and is related to credibility. Also the other party is relying on tape recording as well. If the judges grants it for them then it would be the same with my friend.
 
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