Need a Witness Affidavit form...

[mynameisvader]

What is the name of your state (only U.S. law)? California

My brother-in-law is trying to fight a bogus restraining order that his soon-to-be ex-wife filed. She is saying he assaulted her at a party. The problem for her is that there were a dozen people present that witnessed her attacking two of the guests, and the husband was trying to hold her back, nothing more. Many of the people present at the party wrote down their statements, but the judge is saying that they need to be submitted on a special form to be admissible. What is the name of this form, and where can it be obtained?

 

[CdwJava]

There is no specific state form I can find that is just for witness statements, so he may have to contact the court and ask for the name of the form and where to obtain it. It might just be that the statement must be notarized. Or, it might be a local court form they use in your county.

- Carl

 

[JETX]

the judge is saying that they need to be submitted on a special form to be admissible.

I agree.... I am not aware of a court provided 'special form' for witness statements... likely that he meant any statement submitted had to be notarized... under what is called a 'jurat'.

Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court. It is a certification on an affidavit declaring when, where and before whom it was sworn. In executing a jurat, a notary guarantees that the signer personally appeared before the notary, was given an oath or affirmation by the notary attesting to the truthfulness of the document, and signed the document in the notary's presence. It is always important that the notary positively identify a signer for a jurat, as s/he is certifying that the signer attested to the truthfulness of the document contents under penalty of perjury.


Also, it is important to note that most judges would prefer the actual witness appearance in the court to be examined. Much better and more reliable than just a written statement.

 

[outonbail]

I agree with JETX about having the witness present in court. This carries far more weight with most judges than a notarized statement, as they can question a witness and observe things like body language and the tone of their voice to help determine a witnesses credibility.
A notarized statement doesn't guarantee much more than the person who signed the statement is who they claim to be.
A notarized statement doesn't even prove that the person signing the statement, was the same one who wrote it.

Have your brother in law subpoena a couple of the more reliable and credible witnesses. Preferably someone who is a neutral party. In other words, is not friends or a relative to either party and has no stake in the outcome and no prejudice toward either party.