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 ?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).