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    cmcneely's Avatar
    cmcneely Posts: 1, Reputation: 1
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    #1

    Sep 18, 2012, 12:01 PM
    Are witnessed affidavits admissible in court for custody
    There are several instances that could possibly change the outcome in a child custody case, my question is, can a signed affidavit be admissible in court? Will the judge even consider it?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 18, 2012, 12:10 PM
    Nope... they would have to be there and be subject to cross examination.
    ANM9306's Avatar
    ANM9306 Posts: 4, Reputation: 0
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    #3

    Sep 19, 2012, 02:58 AM
    I live in SC and the judge took my affidavits very serious. But it just depends on what information a judge can learn from an affidavit and how believeable they find it. Make sure any witness for you has no dtug abuse problems, violent or criminal history. School or day cate providers
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 19, 2012, 03:25 AM
    Quote Originally Posted by ANM9306 View Post
    I live in SC and the judge took my affidavits very serious. But it just depends on what information a judge can learn from an affidavit and how believeable they find it. Make sure any witness for you has no dtug abuse problems, violent or criminal history. School or day cate providers
    But were you also in court to affirm the affidavits?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 19, 2012, 03:29 AM
    ANY question on law needs to include your general locale as laws vary by area.

    Generally a signed affidavit will not be accepted. But a deposition will. A witness does not have to appear in court, the attorneys can arrange to take their testimony outside of court. Unless, the opposing attorney has a chance to examine the witness, it will, usually, not be admissible.

    Depositions are common, especially in civil cases where a judge will rule rather than a jury.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Sep 19, 2012, 04:00 AM
    Unless arrangements are made for the other side to examine and question the witness, normally any statement will have no value. A death bed statement may be allowed.

    I mean if one side does not have an attorney and they don't know to object, or they allow it to be entered, but I don't see that happening.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Sep 19, 2012, 11:50 AM
    Quote Originally Posted by Fr_Chuck View Post
    ... a death bed statement may be allowed.
    ...
    That's one of many exceptions to the hearsay rule. The statement itself might be admitted. But a witness would still be needed to prove that the dying person actually made the statement (as opposed to the truth of the statement itself).

    The problem with affidavits is that by their nature they are hearsay, which the rules of evidence don't permit, absent an exception.
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