Legal Question in Civil Litigation in California

Witness

I am being sued by a former partner and representing myself. Can my witnesses write statements and not have to appear in court?


Asked on 3/17/06, 12:10 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Witness

If you mean at trial, the answer is no. The other parties are entitled to a chance to cross-examine each witness.

In various pre-trial proceedings you can submit witness declarations, which must be sworn under penalty of perjury. Writing an admissible declaration requires knowledge of the codes of evidence and civil procedure, so you really should have a lawyer representing you if at all possible.

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Answered on 3/17/06, 8:53 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Witness

In certain pre-trial proceedings declarations under penalty of perjury might be admissible. The witnesse must generally present live testimony at trial, although a judge might consider declarations in lieu of testimony in a small claims matter.

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Answered on 3/17/06, 9:29 pm
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Witness

Let's make it simple. NO. In a trial situation you can only provide "live" testimony. Any writing that purports to be "testimony" is what is called hearsay and is not admissible.

If you were using a "declaration" or statement under oath in a pre-trial hearing or "motion" often then you can use a declaration. Definately NOT at trial.

Regards,

Mark Geyer

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Answered on 3/18/06, 10:15 am


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