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?
2 Answers from Attorneys
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.
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.