In a civil or criminal Trial, are written statements (not depositions) allowed to be entered into evidence?

Answer 1

To impeach a witness; where it is an official (public) document; and sometimes where the author is dead.

There are numerous technical rules that could allow admission in particular circumstances. See the link below.

Answer 2

Generally, such statements would count as hearsay, being a statement made out of court that is being offered for its contents.

However, there are over a dozen hearsay exceptions or exemptions that might apply. For example, a contract or a defamatory statement in a libel case can be offered for their independent legal significance, to show that the words were written or agreement made.

Also, admissions, either by a party opponent or statements against interest for a non-present witness, may be used. Or statements that show present state of mind or intent, or that would count as present sense impressions. Or medical records used for diagnosis or treatment. Or documents that are authenticated business or personal records, ancient documents, past recollections recorded, learned treatises, and many many other specific documentary exceptions.

So, it really depends on the document, and what it is being used for, as well as what the Rules of Evidence (federal or state) say.

Answer 3

Your question sounds like you are asking whether it's okay for a witness to submit a 'written statement' in lieu of having to appear in person to give 'in person' testimony in a case. Generally, no. It has much to do with a defendant's right to face and question their accusers. A written statement would not allow that.

If witness testimony is possible then it has to be via personal appearance. Each side must have an opportunity to ask questions.

There is also what's called a 'best evidence rule' in that if you have a witness who can testify in person, then it's better than a written written statement (for example).

At least I think that's what you are referring to.