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Not a problem... so, let's address my "real" problem - the primary witness is nowhere to be found (probably back in Vietnam) - the Plaintiff claims the communications/ contract negotiations/ etc with the primary witness (which would support our Counterclaims & invalidate their claims) are all "lost" - so, is there anything I can do with regards XXXXX XXXXX missing 3rd party ? (as we discussed I will be filing a Motion for Sanctions: Spoliation of Evidence)
Not sure they would give a statement, even if I could find them - they didn't want to get involved... IF I do locate them, do I need to Subpoena them for a deposition ? Can I have a professional take a transcript via Skype ?
Does this have to be done by a certified court reporter, or ?
IF we could convince him to help, I'm assuming he could just write a sworn statement/ affidavit and simply have it notarized - BUT, what can usually be done to legally/ ethically convince - or motivate - a witness to give a statement ?
OK, and what can usually be done to legally/ ethically convince - or motivate - a witness to give a statement ? I'm assuming it is also common for opposing counsel to have this statement stricken/ inadmissable - what can we do to help make sure the witness statement will be admissable ?
OK, and FYI, the statement from this witness will turn the case and absolutely support our claims against the Plaintiff of Misrepresentation/ Fraud/ etc - so, I want to make sure we get the statement & it "sticks" at Trial - in fact, if we had the statement, we believe the Plaintiff would settle immediately (they have even indicated this themselves)... is there something I could say that would "motivate" the witness to tell the truth and make a statement when they are intimidated by the $18 Bill Plaintiff and their law firm ?