If someone files an affidavit for a lawsuit but does not want to testify are they required to if they have not been served with a subpoena?

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If someone files an affidavit for a lawsuit but does not want to testify are they required to if they have not been served with a subpoena?

Asked on November 13, 2011 under Employment Labor Law, Iowa

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Usually when a person submits an affidavit in a lawsuit, that person is either a party to the case and must file an affidavit in conjunction with court documentation or is an eye witness. If the affidavit is submitted, you may be called to testify because in many courts, even a notarized affidavit is not sufficient testimony since the other party doesn't have an opportunity to cross examine and the affidavit itself may be taken as hearsay. Again, it all depends on the situation.  Be prepared for subpoena. If this is a pretty extensive suit, you may be given an opportunity to have a deposition taken instead, which is under oath and that is admissible.


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