[PamInMass]

I have several witnesses willing to write statements on my behalf regarding a verbal agreement between myself and a casual friend. However, We have no idea what the statements need to contain insofar as correct writing, wording, phrasing, etc. to get them notarized and use them in court for my defense. Are the statements better if they are as brief as possible or do details need to be included? Do the witnesses have to write : "Signed under the pains and penalties of perjury"(or something like that) when ending the statement?
Any help with format will be appreciated. Thank you Pam

[excon]

Hello Pam:

Nahhh, notarized statements aren't any good in court. In our system of law, a party to a lawsuit has the right to cross examine the witnesses against him. You can't cross examine a notarized statement. That's why they won't be accepted. You need the witnesses to actually show up in court to testify.

excon

[Fr_Chuck]

Yes you will need to have the witness appear in court, they can not just write letters for you.

[J_9]

As a legal secretary, years ago I might add, the notarized statement does not carry any weight, as mentioned above. Unless the folks who are writing the statement will agree to appear in court on your behalf.

It is also a matter of what the case in question is about. If this is a criminal case, and they are your character witnesses, these statements are a waste of time. But if it is a small claims, that may be different depending on your jurisdiction.

To help you, you need to make sure that these witnesses will agree to be subpoenaed to court and that WILL need to be in the notarized statement.