Cuando se lastima en un caso de lesiones personales, es común que un testigo ofrezca ayuda. Podrían decir que están dispuestos a hacer cualquier cosa, incluso firmar una declaración jurada de su versión de los eventos. Si bien es bueno que el testigo se haya ofrecido a ayudar, una declaración jurada de testigos podría no ser suficiente.
La ley de Nevada solo permite el uso de declaraciones juradas en algunas circunstancias. Es posible que deba trabajar con un abogado de lesiones personales para hacer más que recopilar declaraciones juradas de testigos para probar su caso. Aquí es por qué una declaración jurada de testigos puede no ser suficiente en su caso de lesión.
¿Qué es una declaración jurada?
An affidavit is a written statement of a witness’s personal observations. A witness states his or her version of events and swears that it is the truth.
When you get hurt in an injury case, you can use an affidavit as a way to record your own statement. You can also use an affidavit to record another party’s statement. The hallmark of an affidavit is its oath. When you prepare an affidavit, you swear or affirm that you are telling the truth.
What does an affidavit contain?
The affidavit contains the person’s event statement. It also includes your signature. The person making the affidavit can only talk about things they know based on their personal knowledge rather than what they have heard from someone else.
Under Rule 13 of the Nevada Rules of Court , an affidavit cannot be based on an opinion. They can only be done. In other words, the affidavit should include only the things that would otherwise be admissible if the person were to testify in court. If the affidavit refers to documents or photographs, they must be attached and identified.
An affidavit generally contains a statement that the testimony is the person’s true statement based on their knowledge and information. Nevada Law 53.045 gives a person multiple options for preparing an affidavit in Nevada. The affiant can swear to the truth of his or her declaration, or they can declare that their declaration is true and correct under penalty of perjury. The words are slightly different if you are preparing an affidavit outside the state of Nevada for a Nevada case.
An affidavit is generally not admissible at trial
By itself, an affidavit is not admissible at trial. If you try to admit an affidavit at trial, the other side can object . The court will accept that the affidavit is an inadmissible rumor, and the court will prevent you from presenting the affidavit to the jury.
Why is an affidavit at trial inadmissible?
The courts do not allow affidavits at trial because they say it is not fair to the parties. If you file an affidavit, the other party does not have the opportunity to ask questions of the witness. The courts believe that in order to fairly present the testimony of a witness, it is fair that both parties have the opportunity to question the witness. The other side must have the opportunity to conduct an interrogation . The interrogation ensures that both parties have the opportunity to question the memory and credibility of the witness, as well as the credibility of her statement.
The courts also believe that watching a witness testify live is essential for the jury to assess their credibility. It is up to the jury to decide who is telling the truth. It is easier for the jury to weigh testimony when they can see each witness as they testify.
Additionally, affidavits are often incorrect or incomplete. A notary may not properly follow the steps to complete the notary process. The affidavit could contain rumors or irrelevant information that the jury should not see. Requiring live testimony prevents these errors from reaching the ears of the jury.
If an affidavit is not admissible at trial, what use is it to my case?
Even if an affidavit is not admissible at trial, it can still be helpful to your case. You can use an affidavit to lock a witness into your story. If the witness later testifies differently at trial, you can file the affidavit and question them about the inconsistency . An affidavit can also act as a recorded keepsake to refresh the witness’s memory of things they may have forgotten.
Is there a time when an affidavit is admissible at trial?
There are some limited circumstances in which an affidavit may be admissible at trial. If you want to support a business record or other record that a business or organization normally maintains in the course of business, you can use an affidavit from the person to support the business record.
Nevada Rules 51.135 and 51.175 allow parties to use an affidavit from the custodian of records to authenticate a business record. The purpose of this rule is not to have to inconvenience the custodian of the records when her testimony is usually auxiliary to the main issues in the case. However, if the authenticity of the record is in dispute, you can raise the issue in court and request that it rule on the admissibility of the documents.
Affidavits in a motion for summary disposition
There are times when an affidavit can be critical to the case. If the other party files a Petition for Summary Disposition asking the court to dismiss the case, an affidavit can be vital in defending against the motion.
Under Nevada’s 56 (e) Rules of Civil Procedure , it is not enough to state that the defense theory of the case is incorrect. Instead, you must submit affidavits or other documentation of the evidence that supports your position in the case. An affidavit can be helpful when you are preparing your response to the opposing party’s Motion for Summary Disposition.
What happens if a witness does not prepare an affidavit?
An affidavit is a voluntary declaration. There is no way to force a witness to complete an affidavit if they don’t want to. However, if you need a statement from a witness to build your case, there are other things you can do to obtain their testimony. You can send them a summons to sit down for a deposition . You can also call them to testify in court.
How can a personal injury attorney help?
If you are injured in a personal injury case , you will want to work with an attorney to ensure the best possible outcome. Your attorney knows how to prepare affidavits and how to use them to your advantage in the case.
If it is helpful to your case for you or a witness to prepare an affidavit, your attorney can help ensure that the affidavit is correct and thorough. Regardless of what you need to prepare your case, working with an experienced attorney is the best way to get the compensation you deserve.