How to Get Evidence From a Bedridden Witness

In some cases, proving a case in court depends on the evidence of one witness. This can be very challenging if the witness is bedridden due to age or illness and is not physically able to attend court to give evidence on the stand. The evidence can still be submitted, and here are a few suggestions on how to do that.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• legal advice

How to get evidence from a bedridden witness

1. The first thing you need to do is get legal advice. Either hire a lawyer or get a few minutes of free legal counsel from a lawyer.
2. You or your lawyer could visit the witness and get them to fill in and sign an affidavit. This affidavit would be filed with the court and served on the other party. And if the other party has any questions for this witness, they would also arrange a visit with the witness and ask their questions.
3. Both parties or the lawyers of both parties could visit the witness and ask their questions in front of each other, being witness’ of each other’s questions. These questions and answers would be typed up in the form of a transcript and a copy would be filed with the court.
4. A video recording of their testimony could be taken, and a copy would need to be filed with the court and served on the other party. (If both parties are present for the questioning, then only a copy needs to be filed with the court).

Tips & Warnings

• It would not be wise to submit only an audio recording of the witness’ testimony since there would be no actual proof that the voice is that of the witness. However, if both parties or the lawyers of both parties were present when the recording was made, then there would be no argument as to its validity and it could be accepted by the judge as testimony.