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