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I had a small claims case. A witness was not sworn in by the

judge before answering questions and...
I had a small claims case. A witness was not sworn in by the judge before answering questions and told lies. Can I request a new hearing because she didn't take the oath first
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: We had a hearing. Case was dismissed but I remember noticing the judge swearing in the witnesses of the 2 cases before mine but not my witness
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 18 minutes by:
11/9/2017
Bill Attorney
Category: Legal
Satisfied Customers: 1,491
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your legal question today. I'm attorney Bill offering support and assistance.

That is quite correct. Testimony needs to be taken under oath.

"d) Oath. Testimony may be taken through communication equipment only if a notary public or other person authorized to administer oaths in the witness’s jurisdiction is present with the witness and administers the oath consistent with the laws of the jurisdiction."

This is the rule of civil procedure in Florida.

Because testimony was taken without oath you can file a motion for a retrial with the court that give judgment without swearing in the witnesses.

Please follow up with me if you require additional information or support.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS today before your exit.

Thank You

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 1,491
Experience: Attorney
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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