Affidavits versus Witnesses


#1

Dear solong4now:

Geetings. Yes, sworn affidavits may be entered into evidence if you follow the rules of civil procedure and the person making the affidavit is “unavailbale” for court. If it is a temporary custody hearing, then you may often use affidavits.

Yes, I tend to think a judge will give more weight to testimony by a live person rather than testiony on paper. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

If a child custody case goes to court, can sworn affidavits be entered in as evidence in lieu of bringing in large numbers of witnesses who will testify in the same regards? Will a judge give more weight to a parent who provides real people in a courtroom versus what they have to say in writing? Just curious… thanks!