Is a Sworn Statement by a witness acceptable in court?

Question

in lieu of the witness appearing in person?

For instance - my neighbor signed a sworn statement to a sheriff's officer in Florida that he witnessed my husband who has a restraining order against him, put something in my mailbox. My neighbor is friendly with my husband and has agreed to do some work around my house for me for free and I don't want to force him to come to court since he has already signed a sworn statement and in addition, my husband admitted to the police that he did place something in the mailbox?

Answer 1

Maybe, but probably not.  What type of court hearing is it?  The judge and the other side need a chance to talk to the witness themselves.  If your husband admitted it to the police, why can't you just get the police officer to testify?

Answer 2

If your serious about winning the case, you'll want him there as a witness.  On the other hand, if the only thing you need him for is testimony that he saw your husband put something in the mail box, and there's a police report where your husband is stated as admitting to it, submit that police report as evidence that he did approach the mailbox.

Answer 3

It does not have much weight. There is not much consequence for not telling the truth even though it is sworn.

It basically means there is a record of what he said, which leave it open to interpretation and could be easily debunked or made not so important.

Answer 4

Some judges will accept a sworn statement & others will not. If someone other than the mailman put something in your mailbox, that's a violation of Federal law.

Answer 5

That's very iffy. The US Constitution guarantees a defendant the right to cross-examine the witnesses against him or her. Unless there is an extreme circumstance preventing someone from appearing in court (hospitalized, etc.), the judge is probably not going to allow a written statement in lieu of the witness testifying in person.

Answer 6

Pre trial sometimes, at trial never, unless dead or incapacitated.  Statements are admissible to impeach other statements if they conflict.

Answer 7

It depends.