Legal Question in Civil Litigation in California
Is it "mandatory" for a witness affidavit to be notarized? This questions is specific to small claim court in california. Thanks.
3 Answers from Attorneys
Normally an affidavit is inadmissible hearsay. But in small claims court it might possibly fly. Better though to get a subpoena from the court clerk and have it served on the witness so that he or she personally appears.
Mr. Stone is right, but to answer your direct question, no an affidavit does not have to be notarized at all. If there is an exception to the hearsay rule that allows you to use the affidavit, then no notarization of the signature is required (though it would be a good idea, in case the authenticity is challenged).
Things only need to be notarized to be recorded, such as deeds, deeds of trust, etc. You are not dealing with the recorder's office.
I agree with Mr. Stone, in that it is much better to have the witness present. If you cannot secure the witness' presence voluntarily, you had better subpoena.