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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102342
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My father has a trial next Thursday. He is going to court to

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My father has a trial next Thursday. He is going to court to fight a restraining order my aunt has unfairly served him with. They have lived together for their entire lives, even when my aunt got married and had her two children. My father and my aunt's husband do not get along, and now, after 20+ years, my aunt has decided she wants my father out of her house. She lied and said my father is threatening; in court, my father wants to have witnesses to come in to support him, and the truth. If a witness can't come, is there a way to have a document, like a letter from them, written to be used in court?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.
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Yes, but it won't be as affective. They can submit what is called an AFFIDAVIT. But there are special rules for this, including notarized signatures and that they need to be served unto the other party within a certain amount of time BEFORE the court date if they are to be used as evidence.

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Customer: replied 7 years ago.
My father had the hearing this morning in NJ, and his trial is next Thursday in NJ. Do you know the details of how to get started on obtaining affadavits? And the other party, meaning my aunt? would need to sign something? To get them notarized would the witness need to go to a notary?
Expert:  Ely replied 7 years ago.
Yes, whoever wants to testify but cannot make it need to pull an affidavit sample from online and write what they want to in it, have it notarized, and sent to him, and he'd bring that to court. Yes, it'd need to be notarized.
Customer: replied 7 years ago.
When you said "including notarized signatures and that they need to be served unto the other party within a certain amount of time BEFORE the court date if they are to be used as evidence." you were talking about the witnesses? Or you were saying that after my father obtains the affidavits, they need to be given to my aunt so she can see what he is using as evidence?
Expert:  Ely replied 7 years ago.
The latter, i.e., once he obtains the affidavits.
Ely and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Got it, thank you!
Expert:  Ely replied 7 years ago.
Welcome :)

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