Using Affidavits vs Verified Statements
- Is there a difference between an "Affidavit" and a "Verified
Statement"? What is the differece? Can either/both be used as
admissable evidence? Is there such a thing as a "Verified Motion"?
Can the court rely on affidavits/verified statements in place of live
testimony in court? Or are affidavits and Verified Statements
considered inadmissble hearsay unless the affiant appears in court and
is subject to cross examination?
I would think that an "out of court statement" (ie "Verified
Statement") that is offered to prove the truth of what it says should
be considered inadmissable hearsay unless the person making the
statement appears in court and is subject to cross examination.
However, the court refuses to grant a hearing saying that due process
is "well protected by 'motions practice'" (even though I am not an
attorney and not skilled at writing motions) where I can cross examine
the person who submitted the "Verified Statement".
Wouldn't the affidavit/verified statement be inadmissable hearsay if
the person filing the affidavit is not subject to cross-examination
via live testimony at a court hearing?
The "Verified Motion" states that it is :
"Subscribed and sworn to before me this xxxth day of xxx, 2006, in the
County of xxx, State of xxxx, by [the affiant]"
But there is nothing in the "verified" motion that is "Sworn to"---for
instance a statement that is was "sworn to under penalty of perjury"
or that "the statements contained herein are truthful"
I am not sure what is actually "Verified" or what was "sworn to" in
the motion. Doesn't an "under penalty of perjury" statement have to
be included somewhere in the "verified" motion/affidavit/statement?
It seems that the only thing that is "verified" is that the notary
verified that the person who signed the motion was the same person on
a driver's license picture because there is nothing in the motion that
is sworn to.
What would be an effective reply to the "verified motion" inasmuch as
nothing is actually "verified"?
All "tips and tricks" would be greatly appreciated!