Full question:
Is a letter that is signed and dated along with a notary to attest and document, considered 'proof' and, accepted through the judicial system if that client is unable to appear in court?
- Category: Evidence
- Date:
- State: California
Answer:
In some situations, a notarized letter can serve as proof if a client cannot appear in court. This is often done through an affidavit, which can present the testimony of a witness who is unavailable. An unavailable witness refers to someone who cannot testify in court, which affects the admissibility of their statements under the hearsay rule.
The hearsay rule generally prohibits admitting statements or documents as evidence when they are offered to prove their truth, and the person who made them is not available to testify. This rule exists because the court cannot assess the credibility of the absent witness, and the opposing party cannot cross-examine them. However, there are several exceptions to the hearsay rule, including:
- a statement by the opposing party that contradicts their court testimony
- business records made in the regular course of business, if a qualified witness can confirm their accuracy
- official government records that are properly maintained
- writings made close to the time of the event to refresh a witness's memory
- prior sworn testimony
- dying declarations
- and other exceptions based on a judge's discretion if the hearsay testimony appears reliable.
The court will determine if the notarized letter is admissible based on the specific facts and circumstances of the case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.