Statements to the court


#1

Just from my own experience, I’ve had witnesses who couldn’t physically be present “on call,” i.e., waiting by a phone for my attorney to call if they needed to testify/speak to the judge. It was never required, so I’m not sure how that would work, but it might be an option to consider?


#2

That would definitely be an option for her to stand by the phone. Another option may be a deposition she could give in an attorney’s office near her home with my attorney on the phone??


#3
  1. Yes, as long as you have obtained them legally.

  2. There written statements are eligible at a temporary hearing only and only if they are in a form of an affidavit and are notarized. Generally you need your witnesses present in court to testify.

Witnesses can only testify to things they have seen and have personal knowledge of, they cannot testify about what others have said unless that other person is you or the opposing party.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#4

(1)Are instant messages (online) admissable in court?

(2)Statements from people about things they know about the case … do these people have to appear? or will a written statement from them serve the same purpose.

Ex: My children have told their grandmother things that have happened concerning abuse. Would a statement from her about what they have told her be valuable in court? She lives far away and will be almost an impossibility to come to court.