How do I obtain a witness statement from someone who is not willing to give one?

UPDATED: May 15, 2009

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How do I obtain a witness statement from someone who is not willing to give one?

A 14 yr. old girl has been harrasing my 14 yr. old After the girl tried to attack my child I decided to file a criminal complaint against the young lady. April 29 a teacher was conversating with the girl. When my daughter walked by the girl tried to attack her and was held by the teacher. The teacher agreed to write a statement but now is refusing. He told my daughter that she doesn’t need a statement from him. He say’s if court needs a statement than they can request it. It’s going to be the girls word against my daughter’s unless she has proof. There has got to be some kind of obligation.

Asked on May 15, 2009 under Criminal Law, Massachusetts


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I suggest having a police offer question him about the incident.  I do not think the guy would be rude to the officer.  Have the officer perform an investigation asking this guy to talk to the police.  The police can make a report.  Unless, the teach dies or is otherwise unavailable for trial (i.e. dont know wherabouts, out of the country, etc.) then you can subpoena him to trial and testify under oath of the acts that he witnessed either at a hearing or other proceeding.

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