Legal Question in Civil Litigation in Ohio

Affidavits not entered into evidence

When is an affidavit not admissible in court? We

are defendants in a civil case regarding alleged

damages to the property where we lived in. We pre-

sented 3 affidavits from witnesses who signed sworn

testimony as to pre-existent damages to the property.

The affidavits were clearly written,signed and noto-

rized and yet,the magistrate did not accept them.

Why?


Asked on 7/30/01, 6:02 am

2 Answers from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Affidavits not entered into evidence

The affidavits are clearly hearsay. In a trial one has the right to cross examine the opposing witness and it is very difficult to cross examine a piece of paper.

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Answered on 8/02/01, 10:42 pm
Paul Kray Paul J. Kray, Attorney at Law, LLC

Re: Affidavits not entered into evidence

The affidavits would be admissible if they were filed as support for a Motion for Summary Judgement. They are not admissible at trial unless the witness is "unavailable." To be unavailable, the witness must be deceased, incapacitated, or unable to be located.

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Answered on 7/30/01, 3:17 pm


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