if your witness can't come to court with you, will his signed affidavit work?

S

SkyRider

Well-known member
like the title says. what do you think? i need my witness to help prove the cop's notes have errors. but he can't make it to court. so i was wondering if i get an affidavit from him beforehand will work.

thanks!
 
No. The crown cannot cross examine a letter. He COULD agree to enter the document, however it holds little value without the person there to state it for the court and be crossed.
 
SkyRider said:
like the title says. what do you think? i need my witness to help prove the cop's notes have errors. but he can't make it to court. so i was wondering if i get an affidavit from him beforehand will work.

thanks!
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Explain the situation to the court and ask for an adjournment so your witness can make it next time.

If the witness cannot make it the second time, at least you tried, and maybe the cop won't show up.

I'll be honest with you, going to court is a hassle for all involved, and a witness have very little incentive to show up. I understand that your witness wants to produce a document instead of attending himself.
 
MarcosSantiago said:
Explain the situation to the court and ask for an adjournment so your witness can make it next time.

If the witness cannot make it the second time, at least you tried, and maybe the cop won't show up.

I'll be honest with you, going to court is a hassle for all involved, and a witness have very little incentive to show up. I understand that your witness wants to produce a document instead of attending himself.
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i get that BUT part of the reason i got this ticket was cuz i was giving the witness a ride. i didn't have to drive him but i did him a favour. so he owes me a favour back lol. also he did promise to be my witness.
 
SkyRider said:
i get that BUT part of the reason i got this ticket was cuz i was giving the witness a ride. i didn't have to drive him but i did him a favour. so he owes me a favour back lol. also he did promise to be my witness.
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The fact that your witness was in the car with you will lessen the impact that witness will have vs an independent witness (someone unknown to you and not involved). The reason is that your witness likely has a vested interest in the outcome.

Just something to consider.
 
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