QUESTION
Does my affidavit of truth when notarized and recorded stand up in a court of law, or when pulled over?
Asked on Oct 15th, 2012 on Litigation - Florida
15 ANSWERS
Leonard A. Kaanta
What is an affidavit of truth?
Answered on Jun 26th, 2013 at 10:26 PM
Steven D. Dunnings
Affidavit for what?
Answered on Jun 26th, 2013 at 10:25 PM
No.
Answered on May 21st, 2013 at 2:50 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on what type of court hearing and what the affidavit says. Affidavits are normally not admissible in court as they are considered hearsay. Rather, the witness giving the affidavit must come to court and testify. Affidavits are admissible in some proceedings, such as criminal sentencing hearings (but not trials), bond hearings, Family Court Temporary Hearings, and some administrative law hearings. Any testimony, whether taken from a witness on the stand, or by way of affidavit in proceedings such as those described above must be relevant to be admissible in evidence. Your question of whether your affidavit stands up when pulled over makes no sense to me. I do not know what you are asking.
Answered on Oct 16th, 2012 at 11:57 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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When pulled over.
Answered on Oct 16th, 2012 at 8:31 PM
Dennis P. Mikko
Any statement made outside of court brought into court to prove the truth of the matter asserted is hearsay. Your affidavit is no different. It is hearsay and not admissible in court.
Answered on Oct 16th, 2012 at 8:04 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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I have seen those (or similar) documents tried to be presented both in court and in the field. They don't work.
Answered on Oct 15th, 2012 at 5:49 PM
Michael J. Breczinski
Affidavit for what? Presented in what circumstances. All affidavits are supposed to be truthful, so saying something is an affidavit for truth does not tell me anything.
Answered on Oct 15th, 2012 at 4:44 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Normally you stand up in court, not an affidavit. Affidavits are okay for some purposes.
Answered on Oct 15th, 2012 at 4:44 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Affidavits have certain specific uses and can only be used in an appropriate legal procedure. If there is a hearing or trial, the court wants the particpants to present testimony personally, so that the witness can be assessed and if appropriate, cross-examined.
Answered on Oct 15th, 2012 at 4:43 PM
Ronald A. Steinberg
No. It can be used to support a document. In court, only testimony under oath works.
Answered on Oct 15th, 2012 at 4:42 PM
Answer: I'm not familiar with an "affidavit of truth". Thirty years in the practice of law, two bar exams and this is not a recognized term. What state are you from and what situation do you find yourself in?
Answered on Oct 15th, 2012 at 2:24 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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I don't understand this question or any part of it.
Answered on Oct 15th, 2012 at 2:23 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Attorneys deal with the law and the facts. Without facts, we cannot answer any question of this nature. An affidavit, by itself, is inadmissible. One cannot cross examine a piece of paper. It is hearsay without the person who signed it present in court and ready to testify about it as well as authenticate it if necessary. So, an affidavit by itself does not stand up in a court of law.
Answered on Oct 15th, 2012 at 2:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Affidavits are statements which are averred to under penalty of perjury. They usually are admissible in court. As for "when you are pulled over" is not descriptive enough to allow me to render an opinion.
Answered on Oct 15th, 2012 at 2:18 PM