Why an affidavit even if a public document is considered hearsay
Dear PAO,I am a private complainant in a criminal case which is still pending. One of my witnesses, who executed an affidavit, can no longer be located despite my earnest efforts to find him. What I know is that the affidavit of my witness, which was already submitted, can still be considered since it is a public document. However, a friend told me that the affidavit of my missing witness is useless as it is hearsay. I am worried that this may affect the outcome of the case.
'A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper...
An Affidavit Even If Public Document Is Considered Hearsay
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