Legal Question in Civil Litigation in Virginia

Subpoena or Affidavits

My neighbor has served me a summons to appear in court for having barking dogs. The disturbance is stated on the summons as a two week period. My dogs were borded for one of these weeks. I would like to have my other neighbors testify on my behalf. I do not wish to trouble them with a subpoena. Will a General Affidavit of them stating that they have no noise issues with my dogs suffice me and be allowed.

Thanks,

P.S. Three of the neighbors wish to be subpoena. Two others would have work issues if I did so.


Asked on 5/05/04, 5:38 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Subpoena or Affidavits

Affidavits will not work. They are inadmissible as hearsay. You don't have to subpoena any witnesses; anyone who's willing to come without a subpoena is free to do so. Problem is, they're free to not come, also, if that is their wish.

I suggest you talk to the neighbors and find those willing to testify on your behalf. Then get them subpoenas.

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Answered on 5/05/04, 6:22 pm


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