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Ray, could you please guide me about an afficavit I am using…

Customer Question
Hi Ray, could you please...
Hi Ray, could you please guide me about an afficavit I am using in a civil action....not small claims...I would like to know what parts are relavant, knowledgeable credible and factual. I would also like to know what parts are heresay. Thanks in advance.
Submitted: 3 months ago.Category: Real Estate Law
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1/5/2018
Real Estate Lawyer: Ray, Lawyer replied 3 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 46,331
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 3 months ago

If you testify that this this is based on your personal knowledge it should all be admissible that relates to the other driver.Any conversations with the police are hearsay unless the policemen comes to trial and testifies.And thats if the other side were to object to it.But anything the other driver told you personally is fair game.Anything involving the other party is an admission against interest.The police here are third parties, the other driver may object to any hearsay conversations, they said x,y, z..It is ok to say what they did not what they said.

I appreciate the chance to help you again.Let me know if you have more followup.Thanks for rating 5 stars.

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Real Estate Lawyer: Ray, Lawyer replied 3 months ago

Line 79-87 would be hearsay, what officer told you as an example.

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Real Estate Lawyer: Ray, Lawyer replied 3 months ago

91-93 more hearsay, the line where he handed you the clipboard is ok..Hearsay in a civil suit against the other driver is any conversation, he said...,anything you said is ok its your personal knowledge..Anything the other driver told you is ok..anything you observed is ok too..

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Customer reply replied 3 months ago
Thank you very much Ray.
1.) Is there limit on time I did this or when I did this or said this? When: When is important. When I said this or that days later, weeks later, month later, is it relevant? Or 25 years ago, when I lived at barn for example?
2.) Is who I said to okay regardless of who I said it to? Who: Who I said what to is important. If I said this or that to who (the police) (the insurance agent Chris) , is who I said what to relevant?
3.) Can I bring in the legal authority to my affidavit? Is what I knew or know now admissible if I should know or am expected to know (such as stop sign meaning or street sign marking) something relevant and by what authority I knew about the law relevant? Authority in affidavit: How do I couch the authorities of law such as Connecticut General Statures or Connecticut Driver's Manual into my affidavit? Affidavits by others to know multiple choice question a. pass if lane is wide enough b. pass as long as don't cross solid yellow double line or c. no-passing zone with correct answer c. circled for example by 6 lawyers, by 6 insurance agents by 6 police officers by 6 lay people or 18 affidavits of people answer to one question: what does double yellow solid lines on pavement marker mean to left of driver mean? By exhibit attached to affidavit? Or can some authority I recited or handed papers on authority or drew picture for this person or that person be relavant? Can I say I handed police this paper with 14-234 on it or I said authority connecticut general statute 14-236 only applies to multi-lane and Farmingville Road is single lane until markers specify it is turn lane??? Thanks Ray again. Bye.
Real Estate Lawyer: Ray, Lawyer replied 3 months ago

Form to make affidavit

AFFIDAVIT

The State of Connecticut S.S.County of New Haven

I, _____________________________, of __________________________, Connecticut,

make oath and say that:

1) On November 30, 2017, at around 2:45 PM I was driving a small yellow2013 Chevrolet Spark with a manual transmission.

2) Mary Grace Schede, of***** South Salem, New York, wassitting in the back seat of my car.

3) We were headed to Kohl’s in Ridgefield, Connecticut.

4) We passed the “Barn” on*****which is where my husbandand I used to live with our 3 boys from 1986 to 1998.

5) The “Barn” is about 1 mile away from Kohl’s.

6) My son, who was 8 in 1990, would ride his bike west for about one milewest, to the end of Farmingville Road, to go across Rt 35/Danbury Road, toCaldor which is where Kohl’s is today.

7) When I drove past the “Barn” on the way to Kohl’s, I wanted to check if“Barn” had been converted into a one family, as the Ridgefield Zoning Board ofAppeals had demanded in 1987.

8) When I passed the “Barn”, I saw that it had had three electric meterson the side of the house.

9) It appeared as if the “Barn” had been sanctioned as a multifamilyhouse.

10) During the time I lived at the “Barn”, the multifamily use of the“Barn” had been deemed illegal by the Ridgefield Zoning Board of Appeals.

11) The failure of the “Barn” to generate income had caused our family afinancial hardship and a legal battle that lasted for 10 years.

12) I avoided going anywhere near the “Barn” for many years.

13) It was a sunny and clear day.

14) As I went on Farmingville Road toward Kohl’s I noticed that traffic washeavier than when I lived there in the 80’s and 90’s.

15) There was a car behind me and a car ahead of me; which would have beenunusual when I lived there.

16) These days it would not be safe to let a child ride their bike onFarmingville Road.

17) Farmingville Road was still a two-way roadway with a single lane goingtoward RT 35 (west), and a single lane going the opposite direction toward the“Barn” (east).

SUBSCRIBED AND SWORN TO )BEFORE ME, on the)____ day of ______ , 2013

)

)

)

)

____________________________ )

Your name, Affiant

NOTARY PUBLIC ) _______________________

My Commission Expires: ________

I only put some of the items in for space .Go through your document and try to take out the stuff where officer told you or you told him , get the hearsay down.Anything you saw or you said or the defendant did or said are fair game.

Show it to me when you get this done with changes.

Thanks If you can accept offer above I will be glad to review your revised one here.

Thanks

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Customer reply replied 3 months ago
Okay Ray. This will take some time like a few days to delete all the hearsay and keep it down to just what I said or did. I would like to accept your offer and work on it when I have got it down in size and relevance my knowledgagable friend. Thanks bally.
Real Estate Lawyer: Ray, Lawyer replied 3 months ago

If you accept it here it will stay open and you can post it whenever, thanks bally

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Real Estate Lawyer: Ray, Lawyer replied 3 months ago

If you accept it here it will stay open and you can post it whenever, thanks

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Ray, Lawyer
Category: Real Estate Law
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Experience: Texas Attorney for 30 years dealing in real estate

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