When unable to appear in court, how do you go about submitting a sworn written statement?

Question

I was not subpoenad, but I was asked to come to court as a witness. I will not be able to attend the trial and wanted to submit a sworn statement. How do I go about this and what all must my statement include? Thank you

It's for traffic court if that matters?

Answer 1

Not going to help much. The whole point of calling you to court is that you can be called by prosecution, AND cross-examined by the defense. They can't cross-examine a written statement.

If you really want to help but can't go to court, call the prosecutor's office and ask for a specific date, or a deposition ahead of the trial. Basically, the other side's lawyer shows up with the prosecutor, and they do the back-and-forth without the judge, and they admit the video or audio record in court in lieu of your actual presence.

EDIT: Oh, TRAFFIC COURT? That's a bit different. In that case, a written statement, notarized, may have some effect. I am guessing that you are going write something like "I was in the car that day, and my friend definitely was NOT speeding" or something to that effect? Don't. That's an OPINION. Instead, state things with details, like "I knew my friend for many years, I've always known him to be a law abiding citizen". etc. Be a good character witness. THEN bring up matters like "That day, I was in the car. We were going down _____" If you actually did see the speedometer, say so. If you didn't (i.e. can't prove you weren't speeding), but you felt that you weren't going that fast, then you'll have to explain why you think so.

Have your friend ask the judge/commissioner if your written testimony can be allowed. If not, well, sorry. If yes, great.

Keep in mind that if you were pulled over by cops, it's VERY difficult to get out of such tickets unless the cop simply can't show up in court. Don't be surprised if the commissioner/ judge STILL takes the officer's words over yours. It's Cop's JOB to tell the truth, and thus, their words are weighed heavier than an average citizen's. That's the way our justice system works.

It may be easier and/or more prudent to have your friend "throw himself at the mercy of the court" and just admit to everything, but please don't count any points, and having you as a character witness may help in that regard, like "he's basically a good guy, he had a minor lapse of judgement and hit the pedal too hard... " :) You get the idea.

Answer 2

Your written statement or sworn affidavit would probably NOT be allowed in at trial - traffic court or otherwise. As was previously pointed out, a written statement cannot be verified and cannot be cross-examined. If the other side objects, chances are the statement will not be allowed in.

- Carl