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If I give an affadavit for a friend:

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Would I then HAVE TO attend their court proceedings?

I have been asked to write an affadavit for a case that does not directly involve me.

If I provide one, would I then HAVE TO attend their court proceedings, if the litigant or court requests that I do?

The proceedings are interstate and it is not practical for me to attend right now.
If you are not able to attend and be cross examined then don't provide one as it will not be admitted. I have not heard of any exceptions to this but perhaps the SRL people can advise..

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Actually I should have added that you can attend via Video conference if arranged.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
If interstate or a long distance then telephone is allowed by a lot of magistrates. My sons case is allowing mother and her solicitor on the phone and they are only 3 hours away.
(I am the Original Post'er):

The situation is that I'm happy to provide a written statement (affadavit?) to my friend but I don't want to be called to court.

So does this mean that I should not provide an affadavit?

What about a stat dec?  Would my friend be able to submit/use that in court at all; and would I have to attend court for that, as well?  

Or could I get away with just writing the document and that's it?
You need to be available for cross-examination if called by the other party.

You could asked the other party whether or not they intend to cross-examine you. If they say 'no', you may not need to attend.

However, they could change tact at the last moment and call you.

Organise attendance by 'electronic' means. It's fairly easy to arrange. I had a witness in Sydney give evidence by phone. She was only 5 kms away, but it was her rostered day off!

4MYDAUGHTER
4mydaughter, thank you.

When evidence is given by telephone, is it broadcast across the court room (can the defendent hear?) or do you just speak to someone like a magistrate?
Everybody's gotta hear it. Unless its a matter of National Security!

4MYDAUGHTER
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