Legal Question in Family Law in Maryland

Which Affidavit Do I Use?

My daughter needs to present evidence for a Protection From Abuse hearing. Some witnesses cannot make it to the court this Friday. Some live in different states other than Maryland where the district court is where the hearing will be held. When we find Affidavit forms they are state specific by header. If someone lives in Pennsylvania or Delaware and they want to fill out an Affidavit for this case to be used as evidence, do they use the Maryland form, or the one from the state where they reside? Does the Notary have to be from any specific state or just be current? Lastly, will the court accept this type of ''evidence'' in such a hearning or do the people absoultely need to be there? Thanks!

Asked on 9/03/03, 8:08 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Which Affidavit Do I Use?

Evidence by affidavit is generally inadmissible in a court proceeding because, in an adversarial proceeding, it denies the right of the other party to cross examine the "witness". Maryland affidavits require the affiant to swear to the accuracy of the statements under penalty of perjury--no notarization is required. If the court is going to accept affidavits, I would suggest you follow that format.

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Answered on 9/03/03, 10:28 am

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