Witness Affidavit for Traffic Court in Indiana

[extraterrestrialbeast]

My question involves traffic court in the State of: Indiana

My witness is leaving out of the country for vacation a few days before my traffic trial, can he be represented via an affidavit at my trial? How would I do this? Where do I get the affidavit from, the court clerk? Also do I bring the affidavit with me or turn it in to the courts?

[That Guy]

My question involves traffic court in the State of: Indiana

My witness is leaving out of the country for vacation a few days before my traffic trial, can he be represented via an affidavit at my trial? How would I do this? Where do I get the affidavit from, the court clerk? Also do I bring the affidavit with me or turn it in to the courts?

Procedural questions (which form, if any... whether it must be filed...)should be directed to the court clerk where your case is being heard.

As for the affidavit in general, I would venture a guess that it may depend on what your witness is testifying to... And whether this is in relation to a civil trial (someone suing someone else for damages) or a criminal trial (a traffic matter)!

Generally, the problem with affidavits is that the opposing party cannot cross examine an affidavit. So they're usually worth just about the cost of paper and duplication... Actually, not even that much!

Add to that the possibility that this witness may possibly be a relative or a close friend, and of course they're going to provide favorable testimony for you! And the value of their statements diminishes quickly the more you know them!

[cmre3456]

Very good points and all true. It probably won't help a lot.

If it's a simple traffic infraction and there is no opposing party to object, (the DA doesn't show here for minor infractions) there's a good chance that the judge would at least read it. As for form, you might get away with just a letter, giving the witness' name, address, age, signature and so on, making the statement. I would have it notarized. That really doesn't add anything other than to prove you didn't write it, and that the witness and you are serious.

Our traffic court for routine offenses is far more akin to small claims court where you usually have a lot of latitude. I don't know about yours.

It's entirely up to the judge then as to whether to read it, and then as said, whether to believe it. Court for traffic infractions, depending on the jurisdiction, can be rather informal, or you could run up against an objecting DA and a hard nosed judge.

I did that just once. The signer was well known and I'm convinced it helped me get the bail reduced by 80%, but I still had the conviction on my record.

Good luck.