Legal Question in Family Law in California

Character Declarations as admissible evidence in court

I am a petitioner pro per in San Bernardino County, CA. I am wishing to present Character Letters as evidence in a Response to a restraining order request. I want to make sure that the letters would be acceptable evidence exhibits at the hearing. If I have Declarations written by friends and acquaintances what is an acceptable format that they would be accepted by the court as proper evidence.

1) Have the person write their letter, then have them testify in court that he wrote it?

2) Have them write their letter, then have a notary public notarize their signature? They would then not have to appear in court?

3) Have a typed Declaration from the person with a witness who saw them sign the letter? Would the witness then testify in court they saw them sign the letter?

4) Simply have the Declaration signed under penalty of perjury that the foregoing is true and correct? They would then not have to appear in court and I would not need a witness?

5) Are any of these methods acceptable?

6) Is there any simpler way to have acceptable Character Letters written in order to be acceptable evidence?


Asked on 7/18/01, 8:00 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Character Declarations as admissible evidence in court

Letters are not admissible. You need to either have them testify or have them sign a declaration under penalty of perjury containing their testimony.

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Answered on 7/18/01, 10:49 pm


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