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Witness Affidavit

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B

bogusorb

Guest
Hello from California,
My sister who is going through a child custody battle with her ex-husband wants me to sign a Witness Affidavit stating that I witnessed her ex-husband doing drugs approx 2 months ago. My question is...
Will this statement eventually get me in trouble with the law because I never reported the drug use when it happened back then? Thank you.
 


I AM ALWAYS LIABLE

Senior Member
bogusorb said:
Hello from California,
My sister who is going through a child custody battle with her ex-husband wants me to sign a Witness Affidavit stating that I witnessed her ex-husband doing drugs approx 2 months ago. My question is...
Will this statement eventually get me in trouble with the law because I never reported the drug use when it happened back then? Thank you.

My response:

Let me answer your second question first.

No. You have no duty, under the law, to report someone's illicit drug usage. Also, anything that you write for a court, or say in court, that has anything to do with the issues of the case has "immunity" anyway - - as long as you don't make any admissions about your own "illegal" acts - - and for those, you'd invoke your Fifth Amendment right against self-incrimination. It's also not "slander" or defamatory. The law encourages people to testify without fear of recrimination or fear for what they might say in court. So, you could say, basically, anything you want about anyone in a courtroom, and get away with it "scott free" - - that is, until the judge tells you to shut up.

Now, to your first question.

Writing a "witness affidavit" is useless. Judges don't read them. Why?

Because judges need to have a live, warm body in the courtroom to question - - and a judge can't question a piece of paper. So, unless you plan on being physically there at the hearing, then don't bother with an affidavit. Further, since your affidavit would, in essence, be accusing someone of a criminal act, the other person would have a right to "confront their accuser" (you) and question you about your testimony. So, judges, for those reasons, don't accept or read affidavits.

IAAL
 
B

bogusorb

Guest
First of all, thank you IAAL. I will take that into consideration, but now, that kinda opens up a few questions...

Are you telling me that if I do this affidavit for my sister, then there is a possibility that I could be called into court to back up my statement?

Is it like an actual "order" from the judge to come to court or can it be my choice?

If it's not my choice, are there any legitimate reasons to get out of it?

I'm kinda in a "damn if I do, damn if I don't" situation...
If I don't do this for my sister, then I'm shunned from the family.
If I do, then I'm going to be called into something I really don't want to get into.

Thanks again.
 

I AM ALWAYS LIABLE

Senior Member
bogusorb said:
First of all, thank you IAAL. I will take that into consideration, but now, that kinda opens up a few questions...

Are you telling me that if I do this affidavit for my sister, then there is a possibility that I could be called into court to back up my statement?

MY RESPONSE: Certainly, you could. But, even if you don't write the affidavit, if you're a witness to something, and that information is relevant to getting at the truth, then any party to the litigation can have you served with a Subpoena to appear at trial.



Is it like an actual "order" from the judge to come to court or can it be my choice?

MY RESPONSE: It's a Subpoena, which is a "court order". Think of it as an invitation to a party - - a "command appearance and performance". So, no, if you're served with a Subpoena, you have no "choice" in the matter. You either appear, or a warrant for your arrest is issued.



If it's not my choice, are there any legitimate reasons to get out of it?

MY RESPONSE: Yes, there are. If you're actually served, you can get out of it by being - -

1. Dead; or,

2. In a coma.

Those are about the only types of excuses a court will accept.


IAAL
 
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