Legal Question in Education Law in California
Getting a declaration from out of state person
I have a lawsuit in California. I have a witness who lives in Washington. The matter to be declared to is something he would obviously have personal knowledge about. He was a student in California, and paid for a ''graduation check'' more than 1 full year before the date of his graduation, as was required at the time we graduated. I need him to verify this for me, and for the court. Anyway, what will be required for me to bring his declaration to court? Does he declare under the penalty of perjury of the state of California? of Washington? of the United States? which one, or all three?
1 Answer from Attorneys
Re: Getting a declaration from out of state person
In California, the "declaration" is inadmissable as it is "hearsay" UNLESS you are in small claims court. There most judges will allow hearsay
statements.
If you have a "lawsuit" that is NOT IN SMALL CLAIMS COURT, you will have to go to Washington State and take the witness's deposition. This is a somewhat complicated procedure and quite expensive.
I hope this has been helpful.
Mark Mitchell Geyer
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