QUESTION
Can a signed letter from a bank official or lawyer stand in court?
Asked on Jan 12th, 2014 on Estate Planning - Idaho
More details to this question:
A family member accuses that someone influenced them to change a name on wills and accounts.
12 ANSWERS
2 Awards
Generally letters are not evidence. That doesn't mean the information in that letter cannot be testified to. Speak with an attorney.
Answered on Jan 16th, 2014 at 7:32 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Not enough facts.
Answered on Jan 15th, 2014 at 4:38 PM
Thomas Edward Gates
You cannot introduce the letter, it's hearsay. You need the individual in court to validate he letter.
Answered on Jan 14th, 2014 at 9:47 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Whether a document can be presented at trial is an evidence question, and can be complex. Normally somebody the person who wrote the letter or the recipient has to present the letter and explain it. Otherwise, the letter may be hearsay. The rules of evidence are very complex; your lawyer may be able to explain more about this particular matter.
Answered on Jan 14th, 2014 at 9:47 PM
3 Awards
Unless the writer is dead or unavailable it is not admissible as evidence at trial. The person making the statement needs to appear to be cross examined.
Answered on Jan 14th, 2014 at 9:46 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Unfortunately, a signed letter from a bank official or a lawyer would in and of itself not be sufficient proof of anything in court. Short of having the bank official or the attorney appear before the court I would recommend having an affidavit prepared (this is simply a statement that is made in front of a person authorized by law to administer oaths such as a Notary Public) setting forth the testimony of the bank official or the lawyer. In making this suggestion I am assuming that there is already some sort of legal action that's been filed in court. If a case is not been opened it may be necessary to open a case by having an attorney prepare and file pleadings on your behalf.
Answered on Jan 14th, 2014 at 9:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It all depends. It could certainly be used as evidence. But there may be a question of legal capacity and the bank employee is not going to be an expert on that issue. Every little bit helps, and the letter might well win the day. Better yet would be avoiding the battle, in the first place.
Answered on Jan 14th, 2014 at 9:45 PM
Probably not, unless you can call the official or attorney to testify and confirm that the letter is his/hers.
Answered on Jan 14th, 2014 at 9:45 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No generally that person has to appear and testify .
Answered on Jan 14th, 2014 at 9:45 PM
Except perhaps in Small Claims court where the rules of evidence are relaxed, a mere letter is insufficient. Even a declaration under penalty of perjury is not admissible into evidence (can be used in a motion where no oral testimony allowed), although some judges might let a party get away with using it. If both parties stipulate that it is accurate it can be used.
Answered on Jan 14th, 2014 at 9:44 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The witness should be brought in to testify in open court. An affidavit or sworn statement has limited value and often is not allowed to stand in for the testimony that the person would provide in court.
Answered on Jan 14th, 2014 at 9:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. It sounds like hearsay and the person writing the letter would have to testify.
Answered on Jan 14th, 2014 at 9:30 PM