Legal Question in Consumer Law in Texas

Sworn, signed and notarized affidavits: Usage.
My understanding is that one cannot use affidavits as a form of witness testimony in a small claims proceding to help prove the merits of the case. While, yet, in a criminal proceeding when an inmate is successful in his petition for Writ Habeau Corpus and the Court of Criminal Appeals remands such to the District Court of Conviction for a full and fair Evidentiary Hearing, the District Court in its manipulation to avoid a full and fair hearing on the merits of the petition reduce the Order of the Court of Criminal Appeals to ''Affidavit of Counsel'' and the petitioner is denied a full and fair hearing on his allegations of ineffective assistance of counsel. If such affidavits can carry so much weight in criminal proceedings and are lawfully used to deny a full and fair Evidentiary Hearing, why is a plaintiff denied the use of sworn affidavits to buttress the merits of his small claims action? Is there an alternative to the affidavit in small claims-say, witness deposition?

Asked on 5/07/06, 12:37 pm

Peter Bradie Bradie, Bradie & Bradie

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Re: Sworn, signed and notarized affidavits: Usage.

You can usually use a witness affidavit in Small Claims, since the rules of evidence do not apply in Small Claims.

Answered on 5/07/06, 4:00 pm

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