Does Affidavit become public record after filed?

[rsfischer]

undefinedWhat is the name of your state? Texas, but the court documents/trial is in New Mexico. My husband had to file an affidavit in order to avoid being supeoned for a trial in NM. We live in Texas and the woman is from Florida, her lawyer is in FL. I am guessing that he did the affidavit over the telephone, because we have never received anything in the mail. He had an affair with this woman, and after ending it she was arrested on charges of "custodial interferience", he was her witness that the child in question didnt stay with her but with the childs grandmother. I am wondering if it is possible to get a copy of this affidavite for my records, of the time/date of meeting with her or whatever it says for my records of his affair. Contimplating divorce, and i think he has still been lying after confessing to his affair, and that affidavit would help me immensly if i were to file. Thanks for your help!

 

[badapple40]

You can't make an affidavit over the phone. It is a written document that is subsequently sworn to in front of a notary. Are you sure someone didn't send him an affidavit to sign and that he didn't go and do that in front of a notary?

I have seen depositions and even testimony taken over the telephone. Were you there when he gave his telephonic statement? If so, was a court reporter in the room?

In any event, unless the trial judge in the other action ordered the case sealed, I'd think it would be a public record, which you have access to.