| Kyle2K |
| Just wondering if anyone knows if a letter written by a witness, addressed to the court, can be used as evidence |
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| DomesticDrifter |
| probably not, there is no way to verify the source. |
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| keebler811 |
| Only if you can get the witness to attend court and state under oath that they wrote the letter and further state what they in fact wrote in the letter. Otherwise it's hearsay and you'll never get it in as evidence. |
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| B-Rad |
| Actually, the court has the authority to determine what is admissible evidence. Furthermore, you can have your witness sign an affidavit with their statement. Refer to the Alberta Evidence Act for more information. |
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| inglewood |
quote:
Originally posted by B-Rad
Actually, the court has the authority to determine what is admissible evidence. Furthermore, you can have your witness sign an affidavit with their statement. Refer to the Alberta Evidence Act for more information.
great response. well defended too! |
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| albertarc |
quote:
Originally posted by B-Rad
Actually, the court has the authority to determine what is admissible evidence. Furthermore, you can have your witness sign an affidavit with their statement. Refer to the Alberta Evidence Act for more information.
The problem with this is that the Prosecutor cannot cross-examine a letter & therefore I have my doubts that it would be allowed.
The Affidavit referred to is usually used for police officers who intercept violators under the direction of the officer running the radar / laser. The intercepting officer just states in the Affidavit that their involvement was after the initial contact (which the radar / laser operator must attend & testify to).
Jimbo;) |
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