Thank you for your reply. According to the Rules of Evidence, a witness can only testify as to what they saw. They cannot testify as to what someone told them because that would be hearsay and cannot be allowed as credible testimony.
Here is what you must remember when you go to Court – The only people who can testify are those who actually witnessed your dog biting someone. If anyone gets up to testify, the first ?only what they witnessed. If they say “No”, they did not see anything, or they did not see your dog biting anyone, then they should not be allowed to testify. If they try to say anything, you should look at the Judge and say the following –
“Your Honor, this person did not see anything, and I am respectfully ***** ***** he (or she) be excused as a witness, since they did not witness anything”
You must do this for everyone who tries to testify if they did not see anything.
The police also should not be allowed to testify because they did not see anything and their testimony would be “hearsay” – In other words, they would be testifying only as to what someone told them once they arrived at the scene. So, if the police try to testify as to what somebody, or one of the neighbors told them, you must stand up and say the following –
“Your Honor, I am respectfully ***** ***** this witness not be allowed to testify because they saw nothing and their testimony would be only what he heard other people say and NOT what he saw.
RULE - If a dog is being attacked by someone, the dog is allowed to defend himself. So, if the person who claims to have been bitten by your dog gets on the witness stand, you should ask the following question –
Isn’t it true that you started beating my dog with your broom ?
If my dog did, in fact, bite you, wasn’t it because you started beating him with your broom?
By prohibiting anyone to testify who did not witness anything, it will be the woman’s word against yours. You must convince the Judge that the woman frightened your dog and attacked him first. If your dog did anything, it was only as a result of the woman beating your dog with a broom, or whatever else she was beating him with. You should convince the Judge that the dog was only defending himself after he was attacked.
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