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Is an affidavit better or worse than witness appearance

  • 26-11-2011 4:28pm
    #1
    golden virginia
    Closed Accounts Posts: 572 ✭✭✭


    In a quasi judicial process is affadavit from a witness better or worse to use than asking a witness to appear?

    For example if a witness is nervous making an appearance but is comfortable making a written statement - is there any disadvantage in doing this compared with the witness appearing ?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Is it better or worse for which side?

    The downside/upside of no witness is that they cant be cross examined. But affidavit''s are very commonplace.


  • #3
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Fepends on the rule that applies to the proceedings and to the particular stage of the proceedings.

    Even if affidavits are allowed at a particular stage other side can always servde a notice of crossexamination of the deponent.


  • #4
    golden virginia
    Closed Accounts Posts: 572 ✭✭✭golden virginia


    Thanks for the replies above! Would anyone know if the witness makes a affadavit and if the other side - the defence -ask to cross examine the witness - are they strictly limited to cross examining what is stated on the affadavit?


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    golden virginia wrote: »
    Thanks for the replies above! Would anyone know if the witness makes a affadavit and if the other side - the defence -ask to cross examine the witness - are they strictly limited to cross examining what is stated on the affadavit?
    They could go further, e.g. questioning why the evidence conflicts with other evidence, the reliability of the witness (intoxicated at time of incident, reputation of being dishonest, relationship with the parties) or their qualifications as a witness (if held out to be an expert). On other matters, it might be quite context dependent.


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