Legal Question in Appeals and Writs in Texas
inquiry into affidavits
How do we go about getting affidavits from all who came to testify but didn't get to, as to what they would have said on defendents behalf in court? Are there papers we can get and send to the parties or what do we do? Are they to be noterized or what?
Thank you,
--name removed--Bell
Asked on 1/09/01, 6:05 pm
1 Answer from Attorneys
Steven Murray
Steven W. Murray, APC
Re: inquiry into affidavits
Your attorney probably made an "offer of proof"
in the trial court. This is where such material
would appear. If he did not, then you would have
make a motion in the court of appeal to take
additional evidence (rarely granted) but you need
a very, very good reason why your lawyer did not
present the material to the trial court first.
Answered on 1/15/01, 1:35 pm