Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service, I see that the Expert who was assisting you has opted out of your question. I would like to help, if I may,
1. You asked, "Can I ask for the documents in the second paragraph and leave the first paragraph blank?"
Yes, you can. You would still have to fill in the date and time for the custodian of these records of your late father's account to make these files available to you for your review and copying. If the custodian objects, he will have to file a "Motion to Quash". Otherwise, he will have to make these files available to you;
I understand that the custodian is not a party to the suit, however, there are times when a non-party holds records which are necessary to a litigant. This happens often when a Subpoena is served on a cable television provider for the records of a subscriber. The Cable Company will notify the party whose records are being requested and if that person objects, then he woulod be the party to file a Motion to Quash,
2. You also asked,
"Who do I need to subpoena to get these facts in court? Can an affidavit suffice?"
Answer 2 & 3
2. You can serve a Subpoena on the insurance company who wrote the policy and you can also serve a Subpoena on anyone who had first hand knowledge of the forgery and who saw the actual forged signature. In other words, they cannot take the witness stand and say, "X told me he saw the signature and determined it was a forgery";
3. An Affidavit will not be admissible unless the Affiant is in Court and can be cross examined. If the Affiant (Person who signed the Affidavit) is not present in Court, the Affidavit would be excluded. The Rules of Evidence provide, with certain exceptions which are not present here, that a writing which is offered for the truth of its contents, will be excluded, unless the person who wrote it is available for cross-examination.
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