Sunday, June 23, 2013

Judicial Affidavit in place of Direct Testimonies

The bottleneck in our Judicial System in hearing and deciding cases is at the witness stand. This is so because courts can hear no more than one witness at a given time. To partly solve this problem, the 2012 Judicial Affidavit Rule directs the parties to use judicial affidavits of witnesses in place of their direct testimonies. This change has cut down the time needed for hearing cases by two-thirds, since the examination of witnesses normally consists of two-thirds direct and one-third cross. Some think that the use of judicial affidavit impairs the court's opportunity to observe the demeanor of witness while he testifies on direct examination. But true demeanor usually will not show when the witness responds to closely controlled questions from a friendly lawyer who interviewed him before trial. It is during cross examination, when the witness has to answer questions that he has not prepared for, that his true demeanor will show.

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