Questions and Professional Answers

• Affidavit for accident witness

  What is the form to use and process to follow to obtain an affidavit from a witness to an automobile accident which would subsequently be used to press my case, in small calims or other court, against a self-insured taxi company.

  • Re: Affidavit for accident witness

    A "declaration" should contain the following language: "I [name of person] declare: [insert identification, age, statement of facts (not opinions) regarding accident.] End the declaration as follows: "I declare, under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed this ___ day of ___ at_______, California. _________ (Signature line.) Note that the declaration may, or may not, be admitted into evidence at Hearing. The better course is to have a subpoena issued to assure the witness appearance at a hearing (but having a declaration can't hurt either in the event of a no show.)

    Jonathan Colman
    Jonthan H. Colman and Associates
    1158 26th Street, Suite 410
    Santa Monica, CA 90403

• Arbitration...Witness statement needed??

  Hi,I was injuryed in a automobile accident. I was a passenger and sustained a broken wrist and back pain. Due to the fractured wrist complications developed within a short period of time. The use of my entire arm from my fingers to my shoulder has been permantly altered. My question is on Arbitration. We are know waiting upon a date for the Arbitrtion. The witness on my side was mailed another witness statement affidavit to be signed now. At this point, if the witness can not be located to sign another affidavit of today, can my attorney use the signed statement(s) the witness signed originally at the start of the case?I do appreciate everyones time! Thank You..Dave

• impeaching a witness

  Can new evidence of a criminal witness lying on the stand be used to move for a new trial? Or at least to use it as a cause for an appeal?[The new evidence is in form of an affidavit stating that a crucial witness in the trial lied; and by doing so secured a plea deal in his own drug trafficking charges.]Thank you in advance; I hope you can answer my question.

  • Re: impeaching a witness

    The quality of the new evidence, and when it was or became available to the defense can effect the right to a new trial. The particulars are too much to answer here. You should go to an attorney with your evidence and see if you can find one who will bring on a habeas or corum nobis petition for you.Good Luck.

    Anthony Colleluori
    The Law Offices of Anthony J. Colleluori & Associates PLLC
    180 Froehlich Farm Blvd.
    Woodbury, NY 11797

• witnessing an affidavit

  What's the difference between a notary public witness and a commissioner of oath witnessing a signature to an affidavit?

  • Re: witnessing an affidavit

    In British Columbia, generally a Commissioner is limited to taking an oath on documents for use within the Province while those which a Notary Public has sworn may be used outside the Province. Some Commissioenrs are limited to swearing documents for a limited purpose, such as in certain government offices; documents sworn before such a Commissioner may only be used for the business of that Commissioner's particular department or office.There are exceptions and some jurisdictins may accept documents sworn by a Commissioner in another jurisdiction and some require a Notary's signature to be guaranteed by a governmental authority, such as the Lietenant-Governor of British Columbia.

    Donald McLeod
    Donald R. McLeod Law Corp.
    832 Fisgard Street, Suite 103,
    Victoria, British Columbia, Ca, AL V8W 1S1

• Fla Rule Crim Proc 3.140(g)

  Why are Asst. State Attorneys not charged with perjury for falsely swearing they have received sworn testimony from a material witness (when filing an Information) when in fact they are relying on a police officer's Probable Cause Affidavit and the police officer is not a material witness and has not interviewed a material witness?

  • Re: Fla Rule Crim Proc 3.140(g)

    Some jurisdictions are more strict about the rule than others. Some jurisdictions actually require witnesses to come into the State Attorney's Office and swear that an offense has occurred. In other jurisdictions, the police officer is supposed to talk to the witnesses, thereby becoming a "material witness" (stretching the term a bit), then file an affidavit with the report to the State Attorney's Office.If one of these things doesn't happen, the remedy isn't to file perjury against the prosecutor, the remedy is to file a motion to dismiss the information before entering a plea of not guilty, guilty, or no contest. If a plea gets entered, the right to dismiss is waived.Even if the information were dismissed, though, nothing says the prosecutor couldn't just get sworn testimony, then refile the information.I've never seen a case dismissed under Rule 3.140(g), and you can see why. The rule is something of a right without a remedy. And that's probably the way it should be. If cases were thrown out under this rule, wouldn't we really just have defendants getting off on a technicality?

    Brent Rose
    The Orsini & Rose Law Firm
    410 Ware Boulevard, Suite 401
    Tampa (and Throughout Florida), FL 33619

• Self-Proving Affidavit

  Are two witness signatures with a notary acceptable in the state of Colorado for a self-proving affidavit included with a will or are 3 needed? With regards to a will in Colorado what age is considered an adult child? I have 2 sons one is 27 and the other son is 20 years old at the signing of our will. I don't have to name a guardian do I ?

  • Re: Self-Proving Affidavit

    The notarized signatures of two witnesses is sufficient. A guardian is not necessary if your children are over age 18.

    John Campbell
    Law Offices of John J. Campbell, P.C.
    4610 S. Ulster St., Ste. 150
    Denver, CO 80237

• affidavit rqmts.

  Hello. I have requested a hearing before the Justice of the Peace because my car was towed w/o notice. I have witnesses willing to swear out an Affidavit attesting to the fact that the signs were not put out until 1 pm and towing began around 3pm. Our cars were parked there early that morning (approx. 7 am). Hearing is Fri., 1/4 (w/i 7 days of filing). Not enough time to get notarized Affidavits, and Clerk said Judge may not even accept them. But towing company claims he has video tape, so apparently either he is lying or he can rig the tape to change the time and lighting background apparently. Can and should I get an Affidavit w/o Notarization, but with at least 2 witness signatures?

  • Re: affidavit rqmts.

    Affidavits won't do it. You need to have your witnesses there live. If they are reluctant, you can subpoena them... JP court will have instructions. Of course, you have to consider whether being called against their will would dispose them to testify truly or not.

    Joseph A. McDermott, III
    Attorney at Law
    3100 Richmond Avenue, Suite 403
    Houston, TX 77098

• Disabled Witness

  I am a key witness in a small claims case. The plaintiff needs my testimony but I am disabled and unable to travel.The plaintiff’s attorney said my affidavit will not be accepted. I imagine the cost to depose me would be greater then the claim. Is there any way to get my testimony into evidence?Thank-you

  • Re: Disabled Witness

    see if the court will allow you to testify by telephone. You must prove your disability to the court in order for this to happen

    Scott Diamond
    DIAMONDLAWYER
    1617 John F. Kennedy Boulevard, Suite 355
    Philadelphia, PA 19103

• Affidavit question

  I received an affidavit from the company I was formerly employed with and they would like me to sign and notarize it, then return it. It was a lawsuit brought against the company I worked for by another former employee. Well, the affidavit is in support of the company that I worked for, in their claim against the plaintiff for punitive damages. To put things clearly, neither I nor the plaintiff work for the company anymore and the lawsuit was filed by the plaintiff against our former employer. My question: Am I legally responsible to sign the affidavit? I would rather keep out of the lawsuit, all together. I wish to tell my former employer, in short, ''keep me out of this''. By the way, my name is nowhere mentioned in the case title (I.E. John Doe, Plaintiff vs. Schmucks-R-Us, Inc., Defendant) From the sounds of it, the company wants to use me as witness of sorts, in their claim for punitive damages.

  • Re: Affidavit question

    Without a court order, you need do nothing. Of course, if you are subpoened you will have to respond in the appropriate manner.

    Alexander M. Rosenfeld
    Rosenfeld & Stein, P.A.
    11900 Biscayne Boulevard
    Miami, FL 33181

  • Re: Affidavit question

    You are not required to sign anything with which you do not agree. Unless the exceptions listed in the earlier response apply.

    Tonia Troutwine, Esquire -
    Corporate Transactions, LLC (A Private Law Firm)
    1602 Alton Road, #438
    Miami Beach, FL 33139

• Affidavit of Attesting Witness

  Needed for validity of Will?

  • Re: Affidavit of Attesting Witness

    It is when the will doesn't have a self-proving attestation affidavit. Just another cautionary tale as to why it's important to have an attorney who knows what he or she is doing help with will preparations.Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

    Stephen Loeb
    Law Office of Stephen R. Loeb
    75 Maiden Lane, Suite 339
    New York, NY 10038