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Notarized Statements

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swm424

Junior Member
What is the name of your state? Michigan

Is a prepaired statement by the defendent addressing the court to the alligations made by the defendent viewed as any less credible as a spontaneous one would?? I just do not want to leave anything out and make sure I answer the allegations without the leaving off of anything out because of nervesnious ?? knowing full well i can be questioned pertaining to the content.... And do I have a right to call any witnesses prior to my own testemony/statement???




Are notarized statements in lieu of a personal appearance by a witness allowed??? if not is there a procedure to get them allowed....My witness cannot take the time out for a court appearance because they are a business owner.... her statement is only one thatstates that all the personal items were in the trailer that the judge ordered be returned to her and that she followed me immediately to the judge designated meeting place.... the judge picked a desiganted public plsace of a Moose Lodge parking lot.... I asked the person to inventory said items and had her sign the list with the statement that all items were returned to her satisfaction.... which she did..... I get a notice from the court 3 days later asking me to reappear because the person now claims that a table top was maliciously scratched/gouged and is now not accepting the table in that condition.... .... I returned the items alone and she had her 18yo son there to load it all into a small s-10 pick up.... nothing was ever mentioned to me of the alledged malicious scratches.... the items were stored in a trailer (enclosed) for 4 months and not touched by anyone but her during this time. in as much as she went in the trailer to recover some items she wanted to sell on ebay.... tables a few years old and to the best of my knowledge and memory had some normal I would say blemishes both to the table and the chairs... I never used any of the items includeing some window air conditioners a bissell steam cleaner.... thsi person has posted a statement on the internet in regards to me to the tune of "Once you get even it is easier to forgive" which I did print off.... what is my best line of defense .... deny knowledge of the defects and make her meet her burden of proof.... this is just a vindictive woman with no means of support trying to extort money along with her possessions... Also can I now still ask for the case to b e taken up by circuit court?.... seeing as the defendant has no money can she get a court appointed attorney?.... right now were talking the worth of table as being 500.00 but her original suit asked for 600.00 .... I counter-claimed for 400.00 for monies I felt owed me but the judge refused either of us any money but just that I return her items....
 
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racer72

Senior Member
swm424 said:
What is the name of your state? Michigan

Are notarized statements in lieu of a personal appearance by a witness allowed???
I'm not even going to read your whole post, it can be answered in your first sentence. The answer is no. Your opposition must be given a chance to question and provide a rebuttal to any evidence you submit, it would be quite difficult to question a piece of paper. If her appearance required, subpeona her and she will have to show up or face the possiblity of arrest and/or fines.
 

swm424

Junior Member
Prepared Statement

Is a prepaired statement by the defendent addressing the court to the alligations made by the defendent viewed as any less credible as a spontaneous one would?? I just do not want to leave anything out and make sure I answer the allegations without the leaving off of anything out because of nervesnious ?? knowing full well i can be questioned pertaining to the content....
 

weenor

Senior Member
swm424 said:
What is the name of your state? Michigan

Is a prepaired statement by the defendent addressing the court to the alligations made by the defendent viewed as any less credible as a spontaneous one would??

Such evidence is inadmissible because "the defendant" must testify live, under oath and subject to cross examination.


just do not want to leave anything out and make sure I answer the allegations without the leaving off of anything out because of nervesnious ?? knowing full well i can be questioned pertaining to the content.... And do I have a right to call any witnesses prior to my own testemony/statement???

Yes, as long as you have complied fully with the Michigan rules of civil procedure as to notice to the other side.

Are notarized statements in lieu of a personal appearance by a witness allowed???

Not if the witness can appear to testify live. Check the rules of civil procedure and evidence for MI

if not is there a procedure to get them allowed....My witness cannot take the time out for a court appearance because they are a business owner

Unless she is at least 100 miles from the courthouse or otherwise unavailable according to the rules of civil procedure, her written statement is inadmissible.


.... her statement is only one thatstates that all the personal items were in the trailer that the judge ordered be returned to her and that she followed me immediately to the judge designated meeting place.... the judge picked a desiganted public plsace of a Moose Lodge parking lot.... I asked the person to inventory said items and had her sign the list with the statement that all items were returned to her satisfaction.... which she did..... I get a notice from the court 3 days later asking me to reappear because the person now claims that a table top was maliciously scratched/gouged and is now not accepting the table in that condition.... .... I returned the items alone and she had her 18yo son there to load it all into a small s-10 pick up.... nothing was ever mentioned to me of the alledged malicious scratches.... the items were stored in a trailer (enclosed) for 4 months and not touched by anyone but her during this time. in as much as she went in the trailer to recover some items she wanted to sell on ebay.... tables a few years old and to the best of my knowledge and memory had some normal I would say blemishes both to the table and the chairs... I never used any of the items includeing some window air conditioners a bissell steam cleaner.... thsi person has posted a statement on the internet in regards to me to the tune of "Once you get even it is easier to forgive" which I did print off.... what is my best line of defense .... deny knowledge of the defects and make her meet her burden of proof.... this is just a vindictive woman with no means of support trying to extort money along with her possessions... Also can I now still ask for the case to b e taken up by circuit court?.... seeing as the defendant has no money can she get a court appointed attorney?.... right now were talking the worth of table as being 500.00 but her original suit asked for 600.00 .... I counter-claimed for 400.00 for monies I felt owed me but the judge refused either of us any money but just that I return her items....
I doubt that anyone here is going to train you to be a lawyer or give you a blow by blow as to how the case should be tried. I gave you a couple of hints on where to get started, but that's as far as I go.
 

swm424

Junior Member
Notarized Statement

Perhaps my question was missunderstood.... I do plan on reading my statement live and in court first before the judge chooses to question me on the plaintiffs testimony in court ... and will be there live to not only answer any questions regarding my statement....
 

weenor

Senior Member
swm424 said:
Perhaps my question was missunderstood.... I do plan on reading my statement live and in court first before the judge chooses to question me on the plaintiffs testimony in court ... and will be there live to not only answer any questions regarding my statement....
Nothing misunderstood, reading a statement is NOT allowed as admissible evidence. Under the rules of evidence you may only use documentation prepared aroung the time of the underlying event, during your testimony to refresh your recollection. Now if you want to read an "opening" statement, just bear in mind that it is NOT evidence and you will have to provide other evidence to back up your statements. Statements are not evidence and only evidence can be considered by the court in deciding a case.
 

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