When you are harmed in a personal injury case, it is typical for a witness to provide assistance. You could hear them proclaim that they are willing to sign an affidavit detailing their version of events. An affidavit from the witness may not suffice, even though it is wonderful that he has offered.
According to the law, affidavits are only legal in certain situations. Los Angeles Personal Injury Law Firm may be able to help you prove your case by doing more than just collecting witness affidavits. Here is why an affidavit from a witness might not be enough to prove your personal injury case.
Affidavit: What is it?
Written statements of personal observations are known as affidavits. Witnesses swear to tell the truth about events and state their version of what happened.
An affidavit may be used to record your testimony if you were injured. In addition, an affidavit can also be used for recording another party’s statement. A sworn affidavit is what makes it a real affidavit. By preparing an affidavit, you swear or affirm that the information you’re providing is true.
How Much Information Does an Affidavit Contain?
The person’s description of events is written in the affidavit. It also has their signature on it. The individual who signs the affidavit can only speak about what they knew based on their own experience, not what they’ve learned from others.
An affidavit cannot be based on perception, according to Court Rule. Only truth will suffice. In other words, the affidavit should only contain information that would be acceptable in the court if the person confessed. Documents or images referred to in the affidavit must be attached and recognized.
A declaration is usually included in an affidavit, stating that the statement is the person’s truthful statement based on his or her knowledge and facts. A person in Los Angeles has several choices for preparing an affidavit under California law. Under the penalty of perjury, the affiant can either swear to the truth of their testimony or proclaim that it is accurate and correct.
The Affidavit is Usually Not Acceptable at Trial
Affidavits aren’t admissible by themselves at trial. During the trial, the other side is free to object to the admission of an affidavit. Your affidavit will be ruled hearsay by the court, and the court will deny you the right to present the affidavit to the jury.
How Come an Affidavit Isn’t Admissible at Trial?
Affidavits are not permitted at trial because the courts believe it is unfair to the parties. The opposite side does not have the opportunity to question the witness if you file an affidavit. The courts believe that all sides should have an opportunity to examine a witness in order to fairly portray his or her testimony. Cross-examination must be available to the opposing party.
Both parties have the opportunity to question the witness’ recollection and reliability, as well as the reasonableness of their testimony, during cross-examination.
In addition, the courts consider that seeing a witness testify in person is necessary for the jury to evaluate their credibility. The jury must decide who is telling the truth. When the jury can look at each witness while they testify, it’s easier for them to weigh testimony.
It is also often the case that affidavits are incorrect or incomplete. A notary may not follow the steps correctly to complete the notarial process. There is a possibility that the affidavit contains hearsay or irrelevant information the jury shouldn’t see. Having live testimony prevents the jury from hearing these errors.
How Can an Affidavit Help me if it is Not Admissible at Trial?
And if an affidavit isn’t acceptable in court, it can still support your case. An affidavit can be used to bind a witness to their testimony. You can bring up the affidavit and confront the witness about the discrepancy if the witness later testifies differently at trial. An affidavit can also serve as a written recollection, allowing the witness to recall details they may have forgotten.
What Are the Conditions for Accepting an Affidavit at Trial?
An affidavit may be valid in a few specific circumstances. You may be able to utilize an affidavit of the individual to accept a business record or another record that a business or organization normally preserves in the course of its activities if you want to accept the business record.
Brief Affidavits for a Summary Disposition
Affidavits can play a key role in certain cases. An affidavit can be essential in defending against a Motion for Summary Disposition filed by the other side to dismiss the case.
Is an Affidavit Required If a Witness Refuses to Provide One?
An affidavit is a declaration made voluntarily. If a witness refuses to sign an affidavit, there is no mechanism to force them to. However, if you require a witness statement in order to develop your case, there are other options available. You can serve them with a deposition subpoena. You can also summon them to court to testify.
What Can a Personal Injury Lawyer Do for You?
A personal injury case will require you to work with an attorney in order to secure the best possible outcome. Attorneys are versed in preparing and using affidavits in case proceedings.
Your lawyer can help ensure that an affidavit is properly prepared and thorough if you or a witness needs to prepare one. It doesn’t matter what you need to do to prepare for your claim, working with an experienced personal injury lawyer at Siman Law Firm is the only way to obtain the compensation you deserve.