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Hey Fishes, Need 11 likes. Please help!
Can anyone refer me in Deloitte USI?
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Also, see if a signed affidavit by the W gets you across the finish line
This ^
How is the interpreter going to be able to establish that this witness is who you say they are? What kind of foundation are you trying to establish?
We don’t have enough information and neither do you. You gotta figure out what exactly he wants to authenticate. The witness? The transcript? The testimony? For the truth? You’ll draw hearsay objections not foundation objections.
Go tell your supervisor to walk you through it again and remind him that the ink in your bar number is still drying.
Also, the confusion fog lasts forever, but the ability to breathe in it gets easier.
You could have a court reporter attend and transcribe the meeting, and then have the witness sign a declaration or affidavit attesting they are who they say they are, etc. similar to a deposition.
The witness would not be subject to cross examination so not admissible.
Unless the witness is dead there’s no hearsay exception and even then it probably doesn’t qualify.
Are you sure this interview really happened? It almost sounds like they’re F’ing with or testing you.
They want a second party to relay a witness’s testimony for the truth of the matter asserted. The fact that doing so requires a translation is almost an additional layer of hearsay.
Wat
Bro
Is this a dumb question! For the record my boss asked me to look into it!! Is this a test!! 😭😂
Lol sorry. Second week as an attorney and I have no idea what I’m talking about and was asked to confirm this - struggling to find direct case. Basically my boss wants to take a tape recorded statement of a witness but will have to use a translator. In event that it’s needed at trial (witness unavailable?) my boss said he can’t be the one to authenticate (attorney can’t be witness in own trial). So, is translator sufficient? I’m predicting yes based on what I’m reading buttttt clearly don’t want to mess this up. Is there anything else I should be looking into?
I think hearsay like a recording is inadmissible, and the exception for when the witnesses is unavailable is generally limited to deposition testimony.
E.g. see the federal rule (but check your state code of evidence if it’s a state court case)
https://www.law.cornell.edu/rules/fre/rule_804
Thank you!
Oh dear god.
Thanks 👍
Needs to be under oath by someone qualified to administer it, like a court reporter. In this case you need a deposition or a live witness at trial. Unlikely any hearsay exceptions would apply here.
Take an examination under oath if witness is cooperative