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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4836
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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We are hoping to obtain a statement from a witness that will

Resolved Question:

We are hoping to obtain a statement from a witness that will turn our 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 ?
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

Hello. I have to ask who advised you that a witnesses statement would be admissible in evidence in a jury trial, without the witness appearing personally to testify? Are you talking about taking the person's deposition?

Customer: replied 1 year ago.

Or a sworn/ notarized statement as the witness is out-of-state; difficult to locate & may even be abroad

Expert:  Irwin Law replied 1 year ago.
This question has been answered earlier by ZDNlaw. I don't have anything to add except you should check this out with a Hawaiian trial attorney to be sure that what you obtain, if anything is going to be admitted in court. Otherwise you'll be wasting your time and money
Customer: replied 1 year ago.

OK, thanks - the other expert had to leave & I was looking for advice as to how to legally/ ethically/ safely motivate a reluctant witness - especially as the opposing counsel/ Plaintiff is a $18 Bill company & they are quite intimidating... however, in the Court Record the Plaintiff suggests that we should file suit against the witness/ 3rd party, so we would like to assure the witness that we have no intention on doing so & would simply appreciate it if they would tell the truth in a sworn statement / Affidavit to the Court... this would effectually end the case & precipitate an immediate settlement (per our previous attorney)

Expert:  Irwin Law replied 1 year ago.
One thing that might motivate the person to give you a statement is telling them that by you having a true statement about what occurred it will get the case settled and no one will have to appear in court. It is very difficult to motivate an unwilling witness to testify at a trial. If you force them through court orders and/or subpoenas they can ruin your case by shading their testimony and as a pracitcal matter there's nothing you can do about it.
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4836
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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