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Re: Credible Witness in California
Posted by  JanetK_CA of CA on 6/8/21 5:57pm Msg #632617
Not our call, directly. The CW is the one who has to state under oath that all 4 requirements are true. If I think the situation is iffy for the use of a CW, I may not even bring up the subject. If someone isn't sure if they're appropriate to act as a CW, I ask them to consider how they would feel about that decision before a judge, if the document ever ended up challenged in court. Personally, I think a person actually being named in a document could make them problematic as a CW.

Years ago, I created a short Affidavit form that I request every CW to read and sign. (I pretty much took the wording right out of the legal code for what they need to swear to.) I don't charge for those signatures (since it's done at my request - although sometimes I've thought I should...) and I don't do anything with the form except stick it in a file, for 'just in case'. The whole purpose of it is to emphasize the importance of what the CW is doing and for them understand and focus on what they're swearing/affirming to. Sometimes I read the whole thing out loud to them before I actually administer the oath if I get the feeling they're brushing it off or not paying attention.
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Messages in this Thread
 Credible Witness in California - Del Birmingham on 6/8/21 5:25pm
 Re: Credible Witness in California -  JanetK_CA on 6/8/21 5:57pm



 
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