Legal Question in Business Law in California

business law

If the witness lives out of state, can he send a winess letter signing and photo copy of his ID.. OR can he provide his phone number during that trial?


Asked on 5/05/09, 7:54 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: business law

No. The other side must have an opportunity to cross-examine him. In some circumstances this can be accomplished by deposition. A mere letter won't suffice. Neither will a telephone call.

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Answered on 5/05/09, 7:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: business law

I agree with Mr. Hoffman. The rules of evidence require witnesses to be present in the courtroom. They need to be sworn in and the jury (or judge) must have the opportunity to observe their demeanor as an aspect of their credibility. The other party or parties must have an opportunity to cross-examine witnesses. See Evidence Code 711. There are ways, including depositions and by the preparation of evidence that is otherwise admissible and not hearsay, for the testimony of a person who can't appear to be placed before the judge or jury, but even an experienced trial lawyer with a good knowledge of the Evidence Code will find it easier to have the witness present.

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Answered on 5/05/09, 8:28 pm
Terry A. Nelson Nelson & Lawless

Re: business law

Nice try, no brass ring. Witness testimony is only admissible when made in person at trial, unless all parties agree to submit video or written formal deposition testimony. You'll have to study and learn the Evidence Code, Civil Procedure Code, and the Court Rules to do any of these things correctly. If this is in SoCal and if it is worth hiring an attorney to do it right, feel free to contact me.

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Answered on 5/05/09, 8:42 pm


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