Legal Question in Civil Rights Law in Indiana

Personal Jpurnal

Can a personal journal be creditable in court?


Asked on 4/05/07, 9:59 am

2 Answers from Attorneys

William Morrison Action Defense Center

Re: Personal Jpurnal

Yes- if the author appears along with it and proves that the entries were made soon after the recorded events.

William Morrison

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Answered on 4/05/07, 10:27 pm
Voyle A. Glover Attorney at Law

Re: Personal Jpurnal

Judging credibility is a function of the jury. Whether a jury finds the evidence credible or not depends on a wide range of things. In the case of a journal, there are a lot of factors that come into play. It may or may not be admissible. Assuming it was a document that was created contemporaneously with the events, or close in time, then it may well be relevant and admissible. There might be an argument from the other side that it isn't admissible because the person who made the journal is there to testify about the events, and the best evidence is that testimony. However, it might still be used to refresh the witness's memory. But there are a range of other reasons it could or could not be admissible. That's a decision to be made by your attorney. Sometimes, such journals are important evidence to show the documentation of an event, or bolster the credibility of another witness who testified about the events described in the journal.

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Answered on 4/05/07, 10:08 am


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