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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1464
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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My mother-in-law wants to include a statement again her son

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My mother-in-law wants to include a statement again her son but due to her health she cannot take it to the courthouse and she lives two counties away from me so picking it up would be difficult, as she is in the hospital most weekends and I work most weekdays. She feels it will help me but the problem is most of the information is her written statement of events and the other information she states she has the documentation on but was not included in the email she sent me. I need to know should I ask her other son to file the paperwork for her, which I am not sure he can do from where she lives in Orange County or would he need to drive to my county Ventura where the divorce is taking place. On the other hand, as it is her personal statement should I just hold off on filing it? I have already added one amendment and want to avoid adding unhelpful information.
Written statements of the kind you describe are likely to be considered hearsay, because they are written outside of court and are being offered to prove that their contents. As such, they would likely not be admissible as evidence. But hope is not lost. If there is a good reason that a witness cannot make it to court, such as because she is in a hospital, there are other options for getting her statement before the court - for example, one may ask the court to allow her to appear by phone. Another would be to have her deposed, a deposition you may be familiar with is when a sworn statement is made in front of someone such as a court reporter and transcribed for court. This often requires court approval, can be done by phone or in person, and the other party has a right to be present and cross examine the witness the same as if the two parties were in court.
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