Have Daughter Testify

[sallybaxter]

MT
Is it worth having a child like between 9-12 testify in court. And is it even allowed? Seems like the fact that it is family might make it not hold much weight.

 

[PayrollHRGuy]

That will depend on the nature of the case and the testimony she has to offer.

 

[Zigner]

From https://www.cga.ct.gov/2001/rpt/2001-R-0254.htm:

Except as otherwise provided by the code, every person is competent to be a witness. A person may not testify if (1) he is incapable of remembering relevant facts or expressing himself, (2) he refuses to testify truthfully or (3) a court finds him incapable of understanding the duty to tell the truth. The state Supreme Court has held that a child cannot be automatically adjudged incompetent to testify because of age (Ruocco v. Logiocco, 104 Conn.585).

 

[Zigner]

Please be aware that just because kiddo is capable of testifying doesn't mean that it's a good idea.

 

[adjusterjack]

MT
Is it worth having a child like between 9-12 testify in court. And is it even allowed? Seems like the fact that it is family might make it not hold much weight.

It's certainly allowed. Whether it's worth it or whether the testimony is given any credibility depends on the plethora of details you have omitted from your question.

 

[sallybaxter]

Defendant lied on severl accounts in small claims. Now going to appeal, In 2 accounts child was there to see the event that was not what defendant is saying happened.

 

[adjusterjack]

Defendant lied on severl accounts in small claims. Now going to appeal, In 2 accounts child was there to see the event that was not what defendant is saying happened.

Not going to happen. In Montana an appeal from small claims court is not a do-over.

The appeal addresses questions of law only, to confirm that the law was correctly applied to the case. The district court judge will not retry the case or accept new evidence, testimony, etc.

https://dojmt.gov/consumer/guide-to-small-claims-court/

https://leg.mt.gov/bills/mca/title_0250/chapter_0350/part_0080/sections_index.html

On appeal you will have to prove that the judge made an error based only on the evidence already presented. You will not be permitted to provide new evidence or new testimony.

The time to refute a lie in small claims (or any court) is when the party or witness is testifying. Otherwise the judge has no choice but to believe the testimony (if credible) and make a decision accordingly.