Hello.
1. It's my current understanding that if a plaintiff provides an affidavit from someone, that someone must be available as a witness or the affidavit is no good. True/False?
2. If a plaintiff provides an affidavit, and (for instance) I don't subpoena the affiant as a witness, and no affiant/witness shows up at the trial, is the affidavit still 'good' and/or challengeable? My actual question on this is something around 'should I subpoena the affiant or not'?
(alternately, sources of info where this could be found/answered would be much appreciated. Either I'm a poor Googler, or it's hard to find.)
1. It's my current understanding that if a plaintiff provides an affidavit from someone, that someone must be available as a witness or the affidavit is no good. True/False?
2. If a plaintiff provides an affidavit, and (for instance) I don't subpoena the affiant as a witness, and no affiant/witness shows up at the trial, is the affidavit still 'good' and/or challengeable? My actual question on this is something around 'should I subpoena the affiant or not'?
(alternately, sources of info where this could be found/answered would be much appreciated. Either I'm a poor Googler, or it's hard to find.)
