why would other drivers lawyer send affidavit

Can a lawyer file an attorney affidavit?

A lawyer can file an attorney affidavit on behalf of a client. Most often, a lawyer will file an attorney affidavit on behalf of his or her client during trial in situations in which anonymity may be required.

When to use an affidavit in a court case?

1. Overview An affidavit is a sworn written statement that can be used in a number of important ways. It can be used in connection with filing or responding to a motion in court.

What is a self proving will affidavit?

Self-proving will affidavit. This is when the signature of a person making a will is notarized. Generally, a will requires at least two witnesses to the maker's signature. Traditionally, when the maker died, it was necessary to have the witnesses testify in court in order to make the will valid.

Can a witness prepare an affidavit or declaration?

However, a witness who has expertise in some technical or scientific field of work or study may prepare an affidavit or declaration that includes an opinion on an issue that falls within their expertise.

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Should I just pay my ticket or should I fight?

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What happens if you don't submit a statement to the court?

If you do not submit a statement or come to court, your license will be suspended. The form for submitting the statement simply gives the motorist the chance to write down their version of what happened. The language is clearly a bit misleading and we feel it is intentional.

What happens if you don't show up in court?

This is purposely done to make it appear as if submitting a statement is the more regular course of action and, to those who read it quickly, make it appear as if failure to submit a statement itself may lead to a suspension.

What is an affidavit of fact?

An attorney affidavit is a statement written and signed by a lawyer, then entered into an official court record — typically as a piece of evidence or testimony for a case in which the lawyer is representing one or more parties. Sometimes the affidavits are simply statements of fact, but not usually. Attorneys can almost always make general ...

When do you need an independent affidavit?

Also, an attorney may file an independent affidavit in matters of extreme medical hardship of a client, which may be necessary when the establishment or transference of medical or durable power of attorney is sought.

When did affidavits go out of fashion?

At least in the U.S., some scholars have claimed that the practice of attorneys creating and filing their own legal affidavits simply went out of fashion between the 19th and 20th centuries. This, they argue, was due in part to American legal jurisprudence shifting away from British Common Law toward precedent-based case law that is now the standard in contemporary U.S. legal proceedings.

Can a lawyer file an affidavit on behalf of a client?

Seconds. A lawyer can file an attorney affidavit on behalf of a client. Most often, a lawyer will file an attorney affidavit on behalf of his or her client during trial in situations in which anonymity may be required.

Does an affidavit require a deposition?

The process for creating and entering an attorney affidavit is usually the same as it would be for any other type of legal affidavit, but the process doesn’t typically require formal deposition with counsel present. In fact, all that an affidavit usually requires is the written statement by ...

Do sworn statements become permanent?

In nearly all cases the sworn statements have the same effect as testimony granted in person, and typically become a part of the permanent case record. They aren’t as common in most legal systems today as they have been in the past, and are the subject of some controversy, at least among legal scholars.

Can an attorney file an affidavit in medical court?

This may happen in situations in which a particular witness fears the revelation of his or her identity could lead to retribution. Also, an attorney may file an independent affidavit in matters of extreme medical hardship of a client, which may be necessary when ...

What is an affidavit of declaration?

An “affidavit” or “declaration” is a written out-of-court statement, signed and sworn to by the witness. In some jurisdictions an affidavit or declaration must involve a notary public or other official authorized who administers an oath and signs the document along with the declarant.

What happens if a witness does not appear for a deposition?

If a witness will not voluntarily appear for a deposition, the court may allow the parties to subpoena the witness and compel him or her to attend. (More on Subpoenas .) During the deposition, the attorneys for either side may make objections to the relevance or form of a question, to get the objection on the record.

What is a deposition in court?

In a deposition, one of the parties to a lawsuit or an important witness is asked a series of questions under oath, and the exchange is taken down by a court reporter. The entire deposition is then transcribed so that both sides can retain and review a copy.

George Costas Andriotis

Consult a Florida Personal Injury attorney before filling out or signing anything.

Christian K. Lassen II

Never sign anything with legal significance without having a local lawyer review it first. You can probably scan and email it to a local lawyer to review.

Laina Deni Caltagirone

First, I would like to qualify my answer based on the limited facts given in your question... If I could guess, I'd say the purpose of the affidavit is to find out if your son will qualify for PIP (personal injury protection) benefits under your policy. However, as I do not know the content of the affidavit, that is just a guess.

Ian Matthew Thomas

Contact your insurance company or an insurance/personal injury attorney. Although there are not enough facts to know for sure, this sounds like an Affidavit to confirm that you do not have excess insurance coverage over and above your bodily injury and/or property damage coverage under your automobile insurance policy.

Mark Aaron Cornelius

You likely received this because your son was injured in the crash and the insurance company wants to verify whether they have the right to recover any money they paid out. This is only a guess based on the very limited information you have provided, however. You need to speak with a a lawyer regarding this to be sure you are doing the right thing.

Matthew A. Dolman

I would need more information to provide analysis. Before executing any document provided to you by the insurance carrier (whether or not it is your insurance carrier or the adverse party), I would strongly recommend you consult with a licensed and experienced Florida personal injury attorney.

Matthew C Simon

Its hard to answer without knowing more information. To be safe, seek a local personal injury attorney who also handles insurance coverage issues. Good luck.

At-Fault Driver was Asked to Sign an Affidavit About Assets

My question involves insurance law for the state of: Nevada Hello guys I was in a accident in July and I thought the whole ordeal was over once I received my claim check. Police found me at fault for the accident and I paid my ticket for it.

Re: Affidavit from Other Person's Attorney

Well all I know is that we both had the same insurance company just different agents/investigators.

Re: Affidavit from Other Person's Attorney

It sounds like the attorney for the driver you injured is offering to settle the case within policy limits, but only if you provide an affidavit documenting that you have no other source of insurance coverage, that there are no other potentially liable parties, and that you don't have assets that could be reached if a verdict were obtained in excess of the policy limits..

Re: Affidavit from Other Person's Attorney

Agree with Mr K. The affidavit is OK to complete and sign. It is not an admission of fault or liability.

Re: Affidavit from Other Person's Attorney

It sounds like the attorney for the driver you injured is offering to settle the case within policy limits, but only if you provide an affidavit documenting that you have no other source of insurance coverage, that there are no other potentially liable parties, and that you don't have assets that could be reached if a verdict were obtained in excess of the policy limits..

Did Acasia accept an affidavit?

Acasia in Pretoria didn't accept an affidavit signed by a commissioner of oaths when I tried to collect my daughters drivers licence. She already had left the country when I tried to collect her licence so she could not sign a new one at the police station.

Can a commissioner of oaths sign an affidavit?

Any commissioner of oaths can sign and stamp the sworn affidavit. Click to expand... Acasia in Pretoria didn't accept an affidavit signed by a commissioner of oaths when I tried to collect my daughters drivers licence.

4 attorney answers

Check with you insurance company but I think they're trying to pursue a bailment situation against the other insurance company. A "bailment" situation occurs when the operator ("bailee") borrows a vehicle temporarily from the owner ("bailor") and is responsible for returning the vehicle in the same condition as when it was borrowed.

Michael John Hurley

Talk to local counsel. However, it sounds like your insurance is just trying to recoup some of their money from the other driver. More

Understanding Affidavits Generally

When and Why Attorneys File Affidavits

• It isn’t common for an attorney representing a party in a legal case to submit an attorney affidavit, as most cases are premised on the affidavits, depositions and live testimony of the partiesto the matter. However, there are instances in which an attorney will decide it is in the best interests of his or her client to create and file the affidavi...

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Creating and Entering The Document

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