Inland Empire clients frequently ask whether they can have their witness send a letter to the Court. The short answer is NO. However, when a party is making a Request for Orders, a party can submit witness Declarations. A Declaration then is a written statement that the witness signs under penalty of perjury. The Judicial Council has even created a form for this purpose, namely,
Although the witness Declaration is an out-of-court statement, it is an exception to the ‘heresay’ objection for Motions and Requests pursuant to Code of Civil Procedure §2009. On the other hand, at Trial, or certain other proceedings [see Family Code §217], the witness Declaration is ‘heresay’ and subject to being excluded. For Trial purposes the witness needs to be produced for testimony and cross examination. See Elkins vs. Superior Court (2007) 41 C. 4th 1337, at 1355. As with any legal proceeding, the best advice is to consult with an attorney.
If you have questions regarding witness declarations as they pertain to a family law matter, please contact our office to schedule a consultation. The Law Office of Family Law Specialist Richard E. Bawden also handles legal issues regarding adoption, annulment, collaborative divorce, divorce, domestic violence, litigation, legal separation, mediation, paternity, spousal support, step-parent adoptions, as well as pre-marital and post-marital agreements. Dial 909.792.0222 or email us at [email protected] You might also want to get more information at our website: www.richardbawdenlaw.com. The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.