Legal Question in Credit and Debt Law in Virginia
qeustioning a minor
in a civil claims suit, can the opposing attorney call a minor that was subpeonaed as a witness and ask her questions without parental knowledge or consent??? Is there any recourse the parent would have???
1 Answer from Attorneys
Re: qeustioning a minor
I am not aware of a requirement for parental consent prior to a minor providing testimony. While there are no hard and fast rules regarding the weight a Court might give to testimony provided by a minor, one rule of thumb is that if the child is below the age of 13, the Court may be disinclined to give the testimony much (if any) weight.
If the child is particularly distressed about the prospect of providing testimony, a suitable sworn affidavit may prove to be a reasonable alternative to testimony in court.
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