witnesses to a hearing about a crime

[rothie]

What is the name of your state? NJ
A key person knows about a crime and signed a statement that he knew of the crime. He may not show up in court for the case and so we will submit the signed statement as evidence. We also have two witnesses who were present when he made the statement "that he knew of the crime and who did it"
These two witnesses will be at the trial and testify for the plaintiff.
Are they valid witnesses? It isn't hearsay is it?

 

[stephenk]

the signed statement is worthless. you need the witness to testify. the two other people are worthless witnesses if the original witness does not show up. Double hearsay.

 

[rothie]

replying to witness not showing up

Does it make a difference that the witness has been been issued a legal notice by the court that he must appear? It seems odd that we could lose a case of the defendant'w witness doesn't show up even though he was issued a subpoena and notice.
Thanks

 

[stephenk]

the court could issue a body attachment and force the witness to come to court. But then how do you think the witness will feel. Do you think the witness will be in the mood to testify in favor of the defendant?