Is an affidavit better or worse than witness appearance

golden virginia · 26-11-2011 05:28PM #1

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 ?

NoQuarter · 26-11-2011 06:10PM

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.

nuac · 26-11-2011 06:36PM

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.

golden virginia · 27-11-2011 03:13PM

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?

Victor · 27-11-2011 09:04PM

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.

Is an affidavit better or worse than witness appearance

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