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Using Affidavits vs Verified Statements

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  • blackspatula
    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
    Message 1 of 1 , Aug 7, 2006
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      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!

      Black Spatula
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